Taxation and duties law Books
Edward Elgar Publishing Ltd Carbon Pricing, Growth and the Environment
Book SynopsisThis original and timely volume provides unique insights and analysis on the pressing question of how to achieve environmental sustainability while fostering economic growth. The emphasis of the book lies in finding critical solutions to global climate change including chapters on environmental fiscal reform and unemployment in Spain, EU structural and cohesion policy and sustainable development, ecological tax reform in Europe and Asia, Australia's carbon pricing mechanism, and many other timely topics.This insightful volume will appeal to policymakers in government as well as academics and students in environmental law, environmental economics and environmental sustainability. Contributors: E. de Lemos Pinto Aydos, B. Bahn-Walkowiak, C.M. Black, B. Butcher, A.F. Carbo Lugo, F. Carraro, J. Cottrell, M. Escapa, C. Ge, M. Gonzalez-Eguino, J.I. Gorospe-Oviedo, F. Habermacher, Y. Ito, L. Kreiser, T.-Y. Lee, C. Lenz, A. Lerch, X. Li, X. Liu, A. Majocchi, A. Markandya, A.I. Mateos-Ansotegui, E. Meyer, D.C. Perez Bustamante, Y. Ren, S. Rudolph, P. Schepelmann, H. Sprohge, K. Sudo, S. Suk, R. Tavallali, A. Usubiaga, B. Volmert, J. Wang, M. Xue, A. Yabar Sterling, A. ZattiTrade ReviewThe scope, depth and persistence with which this book explores carbon pricing is admirable, reflecting that despite political reluctance it is a topic in all parts of the world. - Mikael Skou Andersen, Aarhus University, Denmark and European Environment Agency Environmental taxation and emissions trading continue to be high on the public policy agenda in many countries, and this is another welcome and very interesting volume in the Critical Issues in Environmental Taxation series that presents new ideas and evidence on these subjects from a wide range of countries and a variety of perspectives. --- Paul Ekins, University College London, UKTable of ContentsContents: Preface PART I: CARBON PRICING AND ENVIRONMENTAL FISCAL REFORM 1. Environmental Fiscal Reform and Unemployment in Spain Anil Markandya, Mikel González-Eguino and Marta Escapa 2. EU Structural and Cohesion Policy and Sustainable Development Bettina Bahn-Walkowiak, Arkaitz Usubiaga and Philipp Schepelmann 3. Decentralized Environmental Taxation: A Preliminary Assessment Fiorenza Carraro and Andrea Zatti PART II: LOW CARBON GREEN GROWTH 4. Taxation Reform for Promoting Low Carbon Green Growth in China Chazhong Ge, Xiaoqiong Li, Jinnan Wang, Yajuan Ren and Minbin Xue 5. Ecological Tax Reform in Europe and Central Asia Jacqueline Cottrell and Eike Meyer 6. Lower Carbon Energy: The Case of Hydraulic Fracturing for Natural Gas Hans Sprohge, Rahmat Tavallali, Larry Kreiser and Bill Butcher PART III: CARBON PRICING THROUGH EMISSIONS TRADING 7. Emissions Trading to Improve Visibility in Specially Protected Areas in the US: An Alternative to Retrofit Control Requirements in a Sustainable Economy Agustín F. Carbó Lugo 8. Related Party Transactions and Emissions Rights: Accounting and Direct International Taxation J.I. Gorospe-Oviedo and A.I. Mateos-Ansótegui 9. Harmful Subsidies on Fossil Fuels: ETS Windfall Profits and Coal Protection for Electricity in Spain Ana Yábar Sterling and Diana C. Perez Bustamante PART IV: EMISSIONS TRADING SCHEMES 10. GHG Emissions Trading Schemes in Northeast Asia: An Overview and Analysis of Current Scenarios Xianbing Liu, Sunhee Suk and Kinichi Sudo 11. Towards Sustainable Carbon Markets: Requirements for Effective, Efficient, and Fair Emissions Trading Schemes Sven Rudolph, Christine Lenz, Achim Lerch and Barbara Volmert 12. Linking Land Sector Activities to Emissions Trading: Australia’s Carbon Farming Initiative Celeste M. Black PART V: IMPACTS OF CARBON PRICING 13. Determinants of Willingness to Pay for Emissions Reduction: A Comparative Study of Japan and South Korea Tae-Yeoun Lee 14. The Effects of Carbon/Energy Taxes on R&D Expenditure in Sweden Yasushi Ito 15. Carbon-Energy Tax, Emission Permits and Border Tax Adjustments Alberto Majocchi PART VI: CARBON LEAKAGE CONCERNS 16. Is Carbon Leakage Really Low? A Critical Reconsideration of the Leakage Concept Florian Habermacher 17. Australia’s Carbon Pricing Mechanism Elena de Lemos Pinto Aydos Index
£115.00
Edward Elgar Publishing Ltd Market Based Instruments: National Experiences in
Book SynopsisThis detailed book explores how market based environmental strategies are used in various countries around the world. It investigates how successful sustainability strategies used by one country can be transferred and used successfully in other countries, with a minimum of new research and experimentation. Leading environmental taxation scholars discuss this question and analyse a set of key case studies.This enriching and detailed book will appeal to policy makers in government, as well as to professors in environmental law, environmental economics and environmental sustainability programmes. Students in these fields will also find much to benefit them in this book.Contributors include: M. Böhm, B. Butcher, J.F. Colares, J. Cottrell, E. de Lemos Pinto Aydos, T. Falcão, S. Gao, C. Ge, M. Horne, Y. Ito, T. Kawakatsu, M. Krahé, L. Kreiser, Q. Liu, C. Qin, Y. Ren, E. Rhodes, S. Rudolph, R. Smale, H. Sprohge, R. Tavallali, J. Wang, J. WardTrade ReviewIn the field of environmental policy there is a widespread tendency to move from command-and-control towards market based instruments, that are more efficient and less costly. This book provides a fresh contribution to the literature enlightening the most relevant characteristics of economic tools, with a comprehensive review of experiences in the EU, the Asia-Pacific region and North-America. Even if this is a technical book, the language is plain and the comprehension easy. There is much to learn in reading it. --Alberto Majocchi, University of Pavia, ItalyThis book contains an impressive collection of papers discussing various aspects of the application of different market based instruments for environmental and climate policy. It covers questions related to the conceptualisation of environmental taxation, national experiences as well as results of modelling exercises from different countries. I highly recommend this book as it discusses the current developments in the application and assessments of market based instruments written by scholars from diverse backgrounds. --Stefan Speck, European Environment Agency, DenmarkTable of ContentsContents: Preface PART I: NATIONAL EXPERIENCES IN THE EUROPEAN UNION 1. Less Pain, More Gain: The Potential of Carbon Pricing to Reduce Europe’s Fiscal Deficits John Ward, Robin Smale, Max Krahé and Jacqueline Cottrell 2. Monetary Instruments to Promote Technological Innovation – The German Renewable Energy Act Monika Böhm 3. Providing Environmental Taxes with an Environmental Purpose Tatiana Falcão 4. Signaling Effects of Carbon Tax in Sweden: An Empirical Analysis Using a State Space Model Yasushi Ito PART II: NATIONAL EXPERIENCES IN ASIA-PACIFIC 5. Tokyo’s Greenhouse Gas Emissions Trading Scheme: A Model for Sustainable Megacity Carbon Markets Sven Rudolph and Takeshi Kawakatsu 6. Economic Impact Analysis on China’s Environmental Tax Reform through a Static Computable General Equilibrium Analysis Changbo Qin, Jinnan Wang, Chazhong Ge, Shuting Gao, Qianqian Liu and Yajuan Ren 7. The Extraterritorial Impact of the EU and Australian Carbon-restricting Reforms Juscelino F. Colares 8. Levelling the Playing Field or Playing on Unlevel Fields: The Industry Assistance Framework under the European Union ETS, the New Zealand ETS, and Australia’s CPM Elena de Lemos Pinto Aydos PART III: NATIONAL EXPERIENCES IN NORTH AMERICA 9. Assessing British Columbia’s Carbon Tax Design: Public and Stakeholder Perspectives Ekaterina Rhodes and Matt Horne 10. Incentives for the Use of Natural Gas Powered Vehicles in the United States, New Zealand and Australia Bill Butcher, Hans Sprohge, Rahmat Tavallali and Larry Kreiser Index
£95.00
Edward Elgar Publishing Ltd Environmental Taxation and Green Fiscal Reform:
Book SynopsisThis collection of essays on green fiscal reform offers very rewarding readings for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country's rare earth dispute in WTO.'- Mikael Skou Andersen, Aarhus University, Denmark'This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.'- Stefan Ulrich Speck, European Environment Agency'Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.'- Nils Axel Braathen, OECD s Environment DirectorateAgainst a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skillfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future.The book combines perspectives from leading environmental taxation scholars on both the theory and impact of different policies. It covers topics such as theoretical assumptions of environmental taxes; the relationship between environmental taxes and trade; permit trading and price stability, as well as waste management and the political economy.With its global coverage, this topical book will appeal to policy makers in government as well as academics in environmental law programs, environmental economics programs and environmental sustainability programs.Contributors: Á.A. Alvaró, C. Brandimarte, B. Butcher, J. Cottrell, Y. He, S.-A. Joseph, T. Kawakatsu, C. Kettner, S. Kitagawa, D. Kletzan-Slamanig, A. Köppl, A. Lerch, X. Liu, J.E. Milne, M. Moinuddin, P. Pearce, A. Pirlot, S. Rudolph, T. Sasao, R.V. Shah, S. Suk, S.L. Tan, D.J. Thampapillai, M. Villar Ezcurra, S.E. Weishaar, T. Yano, Y. Zhao, X. Zhou,Trade Review‘The wide coverage and richness of content make this book a rewarding read, particularly for students interested in exposure to both unique features of specific countries and the common theoretical foundations in environmental studies. It demonstrates a strong capacity to usher readers into new frontiers and new instruments in climate policies, waste management and carbon taxes, among others. Given these merits, this book is a valuable addition to the existing literature.’ -- Xuhong Su, Science & Public Policy‘This collection of essays on green fiscal reform offers very rewarding reading for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country’s rare earth dispute in WTO.’ -- Mikael Skou Andersen, Aarhus University, Denmark‘This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.’ -- Stefan Ulrich Speck, European Environment Agency‘Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.’ -- Nils Axel Braathen, OECD’s Environment Directorate‘This book offers a good op-portunity for readers to gain an insight into global environmental taxation in a space that is not afraid to show that a tax is not always greener on the other side. The book’s ability to discuss both taxes that have worked and taxes that have not worked, as well as their alternatives, will surely prove to be useful on a practical level to policy makers who are looking at improving environmental taxation in their domestic jurisdictions. And, for environmental scholars who are looking for a starting point on environmental taxation, this book is a useful place of initial departure.’ -- Amy Lawton, Journal of Environmental LawTable of ContentsContents Foreword by Soocheol Lee Preface PART I THEORY Exploring Theoretical Assumptions 1. Environmental Taxes and Fees: Wrestling with Theory Janet E. Milne 2. Environmental Taxation for a Sustainable Future: Perspectives from Environmental Macroeconomics Seck L. Tan and Dodo J. Thampapillai 3. The Role of the Precautionary Principle in Designing Energy Taxes in Australia Prafula Pearce The Relationship between Environmental Taxation and Trade 4. Inherent Logic of EU Energy Taxes: Toward a Balance Between Market Protection and Environment Protection Álvaro Antón Antón and Marta Villar Ezcurra 5. WTO Open Trade Rules and Domestic Environmental Protection Policies: A Balancing Approach Bill Butcher 6. Addressing the Inequality Issue under Border Carbon Adjustment Xin Zhou, Takashi Yano and Mustafa Moinuddin 7. Toward Green Transfer Pricing: Including Environmental Parameters in Transfer Pricing Rules Alice Pirlot Permit Trading and Price Stability 8. The EU Emission Trading Scheme: Is There a Need for Price Stabilization? Claudia Kettner, Daniela Kletzan-Slamanig and Angela Köppl 9. Incentivising Technologic Change in Emissions Trading Systems: The Case of Excess Supply Stefan E. Weishaar Political Economy 10. The Political Economy of Subsidy Reform: Which Factors are Game-changers? Jacqueline Cottrell 11. Decision Making for Market-based Environmental Cost Allocation: The Case of Packaging Waste Policy in Germany Susumu Kitagawa PART II IMPACT Environmental Taxes 12. Environmental Taxes-definitional Analysis: Behavioural Change or Revenue Raising Sally-Ann Joseph 13. Abatement of Emissions for a Sustainable Future: Revisiting the Ccarbon Tax in China Yuhong Zhao 14. Effects and Issues of the 2010 Resource Tax Reform in Xinjiang Yanmin He 15. Macroeconomic Effects of Environmental Tax Subsidy Reform: An Evaluation for Italy Cristina Brandimarte Waste Management 16. Does Industrial Waste Taxation Contribute to Waste Reduction? Panel Data Analysis of the Generation and Final Disposal of Industrial Waste in Japan Toshiaki Sasao 17. Exploring the Need for Direct Tax Incentives for Plastic Waste Management in India Rajiv V. Shah Permit Trading 18. Regional Market Based Climate Policy in North America: Efficient, Effective, Fair? Sven Rudolph, Takeshi Kawakatsu and Achim Lerch 19. A Survey Analysis of Company Perspective to the GHG Emissions Trading Scheme in the Republic of Korea Sunhee Suk and Xianbing Liu Index
£116.00
Edward Elgar Publishing Ltd Capital Gains Taxation: A Comparative Analysis of
Book SynopsisCapital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods. Examining key issues in the theory and practice of capital gains taxation in a general context, this book also provides a detailed analysis of the tax systems of Australia, Canada, China, India, the Netherlands, New Zealand, South Africa, the UK and the US. It questions whether capital gains should be taxed in the same way as ordinary income, considers the rate at which they ought to be taxed, if indeed they should be at all, and compares the taxation on realisation of capital gains versus on an accruals basis. Eloquent and astute, Capital Gains Taxation will be a crucial point of reference for students and scholars of tax law and policy. Its pragmatic approach will also benefit tax practitioners, policy-makers and tax authorities.Contributors include: R. Avi-Yonah, P. Baker, M. Bowler-Smith, D. Duff, C. Elliffe, S. Griffiths, E.C.C.M. Kemmeren, M. Littlewood, A. O'Connell, J. Roeleveld, D.P. Sengupta, D. White, Y. Xu, D. ZelikTable of ContentsContents: Preface Michael Littlewood and Craig Elliffe 1. Capital gains taxes — a comparative survey Michael Littlewood 2. The impact of economic theory on capital gains tax reform proposals David White 3. International aspects of capital gains taxation Craig Elliffe 4. Australia Ann O’Connell 5. Canada David G. Duff 6. China Yan Xu 7. India D.P. Sengupta 8. The Netherlands Eric C.C.M. Kemmeren 9. New Zealand Shelley Griffiths 10. South Africa Jennifer Roeleveld 11. The United Kingdom Philip Baker QC and Mark Bowler-Smith 12. The United States Reuven S. Avi-Yonah and Dmitry Zelik Index
£139.00
Edward Elgar Publishing Ltd Environmental Taxation and the Law
Book SynopsisEconomics shapes environmental pricing theory, but the law translates theory into reality. This research review examines and discusses carefully selected classic and cutting edge articles from around the world that delve into the legal design features of environmental tax instruments, how governments define the legal authority to use environmental taxation, complex interactions with WTO law and the legal conundrums of border tax adjustments. These influential articles cover a wide range of environmental and legal issues that recur across continents, with carbon taxes and climate change taking centre stage as important case studies. This timely review is an essential resource for those working in the field, whether they are trained in law, economics, political science, environmental science or public finance.Trade Review‘A fascinating and important collection on an issue of increasing urgency. This superb book should be of keen interest to policymakers and academics alike.’Table of ContentsContents: Introduction Janet E. Milne PART I DESIGN OF ENVIRONMENTAL TAXATION A. Fundamental Design Principles 1. Federica Pitrone (2015), ‘Defining “Environmental Taxes”: Input from the Court of Justice of the European Union’, Bulletin for International Taxation, 1, January, 58–64 2. Thomas A. Barthold (1994), ’Issues in the Design of Environmental Excise Taxes’, Journal of Economic Perspectives, 8 (1), Winter, 133–51 3. Janet E. Milne (2003), ‘Environmental Taxation: Why Theory Matters’, in Janet Milne, Kurt Deketelaere, Larry Kreiser and Hope Ashiabor (eds), Critical Issues in Environmental Taxation: International and Comparative Perspectives: Volume I, Part I, Chapter I, Richmond, UK: Richmond Law and Tax Ltd, 3–26 4. James Alm and H. Spencer Banzhaf (2012), ‘Designing Economic Instruments for the Environment in a Decentralized Fiscal System’, Journal of Economic Surveys, 26 (2), April, 177–202 B. Design Choices in Theory and Practice: A Case Study of Carbon Taxes 5. Gilbert E. Metcalf and David Weisbach (2009), ‘The Design of a Carbon Tax’, Harvard Environmental Law Review, 33 (2), 499–556 6. David G. Duff (2008), ‘Carbon Taxation in British Columbia’, Vermont Journal of Environmental Law, 10 (1), 87–107 7. David A. Weisbach (2012), ‘Carbon Taxation in the EU: Expanding the EU Carbon Price’, Journal of Environmental Law, 24 (2), July, 183–206 8. Mikael Skou Andersen (2015), ‘Reflections on the Scandinavian Model: Some Insights into Energy-Related Taxes in Denmark and Sweden’, European Taxation, 55 (6), June, 235–44 9. Sijbren Cnossen and Herman Vollebergh (1992), ‘Toward a Global Excise on Carbon’, National Tax Journal, XLV (1), March, 23–36 10. Iñaki Bilbao Estrada and Pasquale Pistone (2013), ‘Global CO2 Taxes’, Intertax, 41 (1), January, 2–14 C. Design of Environmental Tax Expenditures 11. Tracey M. Roberts (2016), ‘Picking Winners and Losers: A Structural Examination of Tax Subsidies to the Energy Industry’, Columbia Journal of Environmental Law, 41 (1), Winter, 63–137 12. Ellen Zweibel and Karen J. Cooper (2010), ‘Charitable Gifts of Conservation Easements: Lessons from the US Experience in Enhancing the Tax Incentive’, Canadian Tax Journal, 58 (1), 25–61 13. Marta Villar Ezcurra (2014), ‘EU State Aid and Energy Policies as an Instrument of Environmental Protection: Current Stage and New Trends’, European State Aid Law Quarterly, 13 (4), 665–76 14. Brian Galle (2012), ‘The Tragedy of the Carrots: Economics and Politics in the Choice of Price Instruments’, Stanford Law Review, 64 (4), April–May, 797–850 PART II LEGAL AUTHORITY TO USE ENVIRONMENTAL TAXATION A. Significance of Legal and Institutional Arrangements 15. Michael Rodi and Hope Ashiabor (2012), ‘Legal Authority to Enact Environmental Taxes’, in Janet E. Milne and Mikael Skou Andersen (eds), Handbook of Research on Environmental Taxation, Part I, Chapter 4, Cheltenham UK and Northampton, MA, USA: Edward Elgar Publishing, 59–81 16. Per G. Fredriksson and Daniel L. Millimet (2004), ‘Comparative Politics and Environmental Taxation’, Journal of Environmental Economics and Management, 48 (1), July, 705–22 B. Legal Implications of a “Tax” 17. John Snape (2007), ‘The Green Taxes of the Brown Chancellorship, 1997–2007’, Environmental Law and Management, 19 (4), 143–58 18. Janet E. Milne (2013), ‘The U.S. Supreme Court Opens a Door: Expanded Opportunities for Environmental Taxes’, Environmental Law Reporter, 43 (5), May, 10406–13 C. Allocation of Legal Authority Among Levels of Government 19. Kirsten Borgsmidt (1999), ‘Ecotaxes in the Framework of Community Law’, European Environmental Law Review, 8 (10), October, 270–81 20. Nathalie J. Chalifour (2008), ‘Making Federalism Work for Climate Change: Canada’s Division of Powers over Carbon Taxes’, National Journal of Constitutional Law, 22 (2), October, 119–214 21. José Marcos Domingues (2012), ‘Tax System and Environmental Taxes in Brazil: The Case of the Electric Vehicles in a Comparative Perspective with Japan’, Osaka University Law Review, 59 (2), February, 37–56 22. Yan Xu (2011), ‘China’s “Stir Fry” of Environmentally Related Taxes and Charges: Too Many Cooks at Work’, Journal of Environmental Law, 23 (2), July, 255–83 23. Leyla Ates (2015), ‘Environmental Taxation in Turkey’, in Rodolfo Salassa Boix (ed.), La Protección Ambiental a Través del Derecho Fiscal (Environmental Protection through Tax Law), Part III, Córdoba, Argentina: Advocatus Ediciones, 239–57 24. Andrew J. White, III (2007), ‘Decentralised Environmental Taxation in Indonesia: A Proposed Double Dividend for Revenue Allocation and Environmental Regulation’, Journal of Environmental Law, 19 (1), 43–69 PART III IMPLEMENTATION CONSIDERATIONS A. Factors that Affect the Design and Use of Environmental Taxation 25. Susan Rose-Ackerman (1973), ‘Effluent Charges: A Critique’, Canadian Journal of Economics, VI (4), November, 512–28 26. Nathalie J. Chalifour (2010), ‘A Feminist Perspective on Carbon Taxes’, Canadian Journal of Women and the Law, 22 (1), January, 169–212 27. Veronika Chobotová (2013), ‘The Role of Market-Based Instruments for Biodiversity Conservation in Central and Eastern Europe’, Ecological Economics, 95, November, 41–50 B. Legal Compliance and Enforcement 28. Nthati Rametse (2015), ‘Measuring the Costs of Implementing the Former Carbon Tax for Australian Liable Entities’, New Zealand Journal of Taxation Law and Policy, 21, June, 190–213 29. Dwight V. Denison and Robert J. Eger III (2000), ‘Tax Evasion from a Policy Perspective: The Case of the Motor Fuels Tax’, Public Administration Review, 60 (2), March–April, 163–72 30. James Alm and Jay Shimshack (2014), ‘Environmental Enforcement and Compliance: Lessons from Pollution, Safety, and Tax Settings’, Foundations and Trends® in Microeconomics, 10 (4), December, i–iii, 209–74 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I THE WTO AND ENVIRONMENTAL TAXATION A. The WTO Framework for Environmental Taxation 1. Simonetta Zarrilli (2003), ‘Domestic Taxation of Energy Products and Multilateral Trade Rules: Is This a Case of Unlawful Discrimination?’, Journal of World Trade, 37 (2), 359–94 2. Francesco Sindico (2006), ‘Climate Taxes and the WTO: Is the Multilateral Trade Regime a Further Obstacle for Efficient Domestic Climate Policies?’, EcoLomic Policy and Law: Journal of Trade and Environment Studies, 3 (8), December, 1–24 B. Legality of Border Tax Adjustments for Environmental Taxes 3. Paul Demaret and Raoul Stewardson (1994), ‘Border Tax Adjustments under GATT and EC Law and General Implications for Environmental Taxes’, Journal of World Trade, 28 (4), 5–65 4. Gavin Goh (2004), ‘The World Trade Organization, Kyoto and Energy Tax Adjustments at the Border’, Journal of World Trade, 38 (3), 395–423 5. Charles E. McLure, Jr (2011), ‘The GATT-Legality of Border Adjustments for Carbon Taxes and the Cost of Emissions Permits: A Riddle, Wrapped in a Mystery, Inside an Enigma’, Florida Tax Review, 11 (4), 221–94 C. A Focus on Like Products and PPMs 6. Reinhard Quick and Christian Lau (2003), ‘Environmentally Motivated Tax Distinctions and WTO Law: The European Commission’s Green Paper on Integrated Product Policy in Light of the “Like Product-“ and “PPM-“ Debates’, Journal of International Economic Law, 6 (2), June, 419–58 7. Steve Charnovitz (2002), ‘The Law of Environmental “PPMs” in the WTO: Debunking the Myth of Illegality’, Yale Journal of International Law, 27 (1), 59–110 8. Adrian Emch (2005), ‘Same Same But Different? Fiscal Discrimination in WTO Law and EU Law: What Are “Like” Products?’, Legal Issues of Economic Integration, 32 (4), 369–415 D. Challenges of Implementing Border Tax Adjustments for Carbon Pricing 9. Javier de Cendra (2006), ‘Can Emissions Trading Schemes be Coupled with Border Tax Adjustments? An Analysis vis-à-vis WTO Law’, Review of European Community and International Environmental Law, 15 (2), July, 131–45 10. Charles E. McLure, Jr (2012), ‘Could VAT Techniques Be Used To Implement Border Carbon Adjustments? Illustration of VATs and VATCATs – Expanded Version’, Bulletin for International Taxation, 66 (8), June, 1–19 11. Carol McAusland and Nouri Najjar (2015), ‘The WTO Consistency of Carbon Footprint Taxes’, Georgetown Journal of International Law, 46 (3), 765–801 12. Joost Pauwelyn (2013), ‘Carbon Leakage Measures and Border Tax Adjustments under WTO Law’, in Geert Van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Part III, Chapter 15, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 448–506 E. Subsidies 13. Andrew Green (2006), ‘Trade Rules and Climate Change Subsidies’, World Trade Review, 5 (3), November, 377–414 PART II LEGAL FRAMEWORKS FOR ASSESSING THE CHOICE OF INSTRUMENT A. Legal Institutions 14. Jonathan Baert Wiener (1999), ‘Global Environmental Regulation: Instrument Choice in Legal Context’, Yale Law Journal, 108, 677–800 B. Standards for Assessment 15. Michael Faure (2012), ‘Effectiveness of Environmental Law: What Does the Evidence Tell Us?’, William and Mary Environmental Law and Policy Review, 36 (2), Winter, 293–336 16. Shi-Ling Hsu (2004), ‘Fairness Versus Efficiency in Environmental Law’, Ecology Law Quarterly, 31 (2), March, 303–401 17. Andrew Green (2006), ‘You Can’t Pay Them Enough: Subsidies, Environmental Law, and Social Norms’, Harvard Environmental Law Review, 30 (2), 407–40 C. Position Within the Law 18. Todd S. Aagaard (2014), ‘Environmental Law Outside the Canon’, Indiana Law Journal, 89 (3), 1239–98 Index
£650.00
Edward Elgar Publishing Ltd Judicial Interpretation of Tax Treaties: The Use
Book SynopsisJudicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features:- A detailed and structured introduction to the main issues of tax treaties- Ideal for practitioners requiring a grounding in the functioning of tax treaty law- Concise summaries of the relevant issues, cases, and problems for each discrete chapter- Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties.This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.Table of ContentsContents: 1. Scope of the Treaties 2. Residence for Treaty Purposes 3. Definition of Permanent Establishment 4. Business Profits and Associated Enterprises 5. Income from Immovable Property, Capital Gains, and Capital 6. Income from Equity and from Debt 7. Royalties 8. Income from Employment, Directors’ Fees, and Students 9. Entertainers and Sportspersons 10. Pensions and Government Service 11. Other Income and International Transport 12. Methods for Elimination of Double Taxation 13. Non-Discrimination 14. Mutual Agreement Procedure 15. Exchange of Information and Assistance in Collection Index
£237.00
Edward Elgar Publishing Ltd Green Fiscal Reform for a Sustainable Future:
Book SynopsisThis timely book focuses on achieving a sustainable future through the reform of green fiscal policy. Green fiscal policies help not only provide the needed financing but may also serve the Sustainable Development Goals adopted by the United Nations in 2015. In this volume environmental tax experts review the development of fiscal carbon policy, consider the impact of green taxation on trade and competition, analyze the lessons learned from national experiences with fuel and energy pricing, and evaluate a variety of green economic instruments.A comprehensive range of green economic instruments is evaluated, covering emissions trading schemes, energy tax systems, global natural resource consumption taxes and fiscal intervention. The contributions from leading environmental taxation scholars consider thought-provoking innovations in policy and law to deal with climate change and explore a range of fiscal strategies designed to mitigate the negative and maximise the positive effects of a carbon economy.This is a vital reference work for students and academics in environmental law, economics and sustainability, and will serve as an excellent guide for policy makers and those involved in fiscal reform.Contributors include: C. Brandimarte, J. Bruha, H. Bruhová-Foltýnová, L. del Federico, A. Gerbeti, S. Giorgi, E. Guglyuvatyy, S.-A. Joseph, C. Kettner, D. Kletzan-Slamanig, D. Leary, Y. Motoki, A. Naito, P. Pearce, V. Písa, N.P. Stoianoff, S.L. Tan, X. Wang, S. Wright, J. Wu, Z. YangTrade ReviewThis book clearly and helpfully lays out the political and institutional context in which climate policy has been made in countries around the world. Don't expect stylized theories here. There's reality instead, as convoluted as it comes.' --Richard S.J. Tol, University of Sussex, UK and Vrije Universiteit Amsterdam, the Netherlands'This is another collection of superb up-to-date commentary around the environment and environmental taxation specifically. As the world moves towards ever greater uncertainty and concern about the environment we need to project much more intellectual capital to persuading the still considerable number of disbelievers that we humans are warming the earth up and must do something to stop that happening. I commend this collection of papers and encourage everyone to spend some time reading the contents of this book.' --Chas Roy-Chowdhury, Association of Chartered Certified Accountants, UK'Readers with an interest in how climate mitigation policy is being designed in countries especially outside of Europe, including the extent to which market-based instruments are applied, will be richly rewarded by this volume. Providing novel insights on Australia, Japan, China, Latin America as well as European countries, it addresses more generically the feasibility of unilateral action in a globalized world committed to free trade.' --Mikael Skou Andersen, Aarhus University, DenmarkTable of ContentsContents: Preface Part I Fiscal Carbon Policy Development 1. A Good F.A.C.T. For Climate Change Mitigation Cristina Brandimarte 2. Tax Credit Hypothesis to Coordinate EU - ETS And EU Energy Tax System Lorenzo del Federico and Silvia Giorgi 3. Carbon Policy in Australia – A Political History Evgeny Guglyuvatyy and Natalie P. Stoianoff 4. Trends in the Greening of Energy and Vehicle Tax Systems - Japan and the EU Aya Naito and Yuko Motoki Part II Trade, Taxation and Sustainability 5. CO2 in Goods Agime Gerbeti 6. The Global Natural Resource Consumption Tax Sally-Ann Joseph 7. Potential Environmental Impacts of the Australia-South Korea Free Trade Agreement and Fiscal Intervention Seck L. Tan 8. The Impact of Environmental Taxes on Enterprise Behavior and Competitiveness – China’s iron and steel industry Jian Wu, Xiao Wang and Zhe Yang Part III National Experiences with Fuel and Energy Pricing 9. Distributional Effects of Motor Fuel Taxation in the Czech Republic Jan Brůha, Hana Brůhová-Foltýnová and Vítězslav Píša 10. Renewable Electricty Support in the EU – What Lessons Can Be Learned? Claudia Kettner and Daniela Kletzan-Slamanig 11. Protecting Australian Gas Resource and the Need to Reserve and Promote the Use of Natural Gas for Australian Industries Prafula Pearce Part IV Evaluating Green Economic Instruments 12. The Australian Renewable Energy Target Scheme: A Case Study of the Impact of Uncertainty on a Market Based Mechanism. David Leary 13. Economic Instruments in Pollution Law in New South Wales, Australia: A Case for Greater Use and Refinement Sarah Wright Index
£100.00
Edward Elgar Publishing Ltd Market Instruments and the Protection of Natural
Book SynopsisOnly through a concerted global effort can we protect our natural resources, save our precious natural environment, and indeed our future. Pressures on our natural environment come from many directions, including overuse, mismanagement and contamination, all of which must be addressed through a range of measures as part of an international response. This much-needed book reviews and evaluates the use of market and fiscal instruments in protecting our natural resources, from rural to marine environments. The expert contributors emphasise the need to reduce greenhouse gas emissions to stem the tide of irreparable harm to our natural resources. Market instruments that are designed to protect the global atmosphere are evaluated, along with carbon instruments and environmental tax incentives. Meanwhile, consideration is given to shifting the tax burden to achieve environmentally responsible outcomes, balancing sustainable use and natural resource protection, and protecting water resources.Offering a comprehensive appraisal of market instruments and policy solutions for natural resource protection, this book is ideal for both policy makers and students and academics of environmental law, economics and sustainability. Contributors include: K. Bubna-Litic, B. Butcher, M.M. Callison, M. Cao, A.C. Cerqueira Duque, J. Cottrell, E. de Lemos Pinto Aydos, M. Dobranschi, F. Fortier, W. Gumley, M.L. Hymel, V. Johnston, C. Kettner, L. Kreiser, P. Lee, A. Lerch, D. Nerudova, S. Palassis, S. Rudolph, K. Schlegelmilch, H. Sprohge, R. TavallaliTrade Review‘Market Instruments and the Protection of Natural Resources is an interesting contribution to the literature on the use of economic instruments to address climate change, water pollution and natural resource management. The book contains a lot of factual information and touches upon a number of issues that can stimulate further debates. Geographically the book includes many concrete examples from both the Northern and Southern hemispheres.’ -- Nils Axel Braathen, OECD Environment Directorate, France‘The good management of vital natural resources is a key challenge for the future of both our wellbeing and our economies. The editors of this state-of-the-art volume have skillfully mapped out many of the key issues, with a comprehensive breadth of insights from a diverse, experienced, international and well-qualified group of contributors. This book is essential reading for those seeking a multifaceted and global assessment of the role of market and fiscal instruments in protecting natural resources.’ -- Michael D'Ascenzo, ATO, AustraliaTable of ContentsContents: Preface Part I Balancing Sustainable Use and Natural Resource Protection 1. The Use of Market Based Instruments in Protecting South Australia’s Marine Protected Areas Karen Bubna-Litic 2. A Bottom Up Approach to Developing REDD+ Programs in Brazilian States and California Ana Carolina Cerqueira Duque 3. Sowing the Seed of Change: Why Australia’s Land Sector Needs a Carbon Price to Encourage Mitigation of GHG Emissions and Promote Sustainable Land Use Vanessa Johnston Part II Protecting Water Resources 4. Fighting for Water: The Role of Federal Market Instruments in Addressing Water Issues the United States Mona L. Hymel 5. The Impact of Hydraulic Fracturing on Fresh Water Resources in the United States Hans Sprohge, Bill Butcher and Mary Margaret Callison and Larry Kreiser 6. Policy Instruments to Support Water Conservation and Support the Ecosystem: A California Example Rahmat Tavallali and Paul Lee Part III Shifting the Tax Burden to Effect Environmentally Responsible Outcomes 7. From Fossil Fuels to Renewable Energy: Subsidy Reform and Energy Transitions in African and Indian Ocean Island States Kai Schlegelmilch, Jacqueline Cottrell and Francois Fortier 8. Using Environmental Taxation to Improve Outcomes for e-waste in Australia Wayne Gumley 9. The Ad Unit and Ad Valorem Tax Burden Shifting and Its Impact on Pigovian Taxation in the European Union Member States Danuse Nerudova and Marian Dobranschi Part IV Evaluating Instruments that Protect the Global Atmosphere 10. Carbon Trading or Carbon Tax: Which is the More Feasible Solution to Climate Change from the perspective of China? Mingde Cao 11. Regulation of Ship-Sourced Carbon Dioxide Emissions: The Creation of Economic Instruments Stathis Palassis 12. Sectoral Allocation Patterns in the EU Emission Trading Scheme: Empirical Evidence and Outlook Claudia Kettner 13. Paris: The Dilemmas of International Climate Change Negotiations and the Role for Linked Emissions Trading Schemes in the Post 2020 Regime Elena de Lemos Pinto Aydos 14. Just ETS? Social Justice and Recent Reforms in EU and US Carbon Markets Achim Lerch and Sven Rudolph Index
£100.00
Edward Elgar Publishing Ltd Environmental Border Tax Adjustments and
Book SynopsisThis timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument.This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.Trade Review'This book is an essential resource for people who are thinking seriously about how to build border tax adjustments into environmental tax regimes. Working artfully at the complex intersection of tax law, environmental law and trade law, Pirlot provides a clear, thoughtful guide to the origin of theories, their evolution and their consequences for the design and use of environmental border tax adjustments - an important and impressive feat.' --Janet E. Milne, Vermont Law School'Environmental protection is now recognised as a universal concern. At the same time, the objective of sustainable development is recognized within the WTO and this has had an impact on our reading of many of the relevant WTO provisions. In her book, Dr Alice Pirlot offers a unique compilation of existing environmental taxes and fiscal mechanisms put in place to foster the protection of the environment. In addition, Dr Pirlot successfully explores their functioning and their political and legal impacts, while highlighting their benefits and impediments. This work will be extremely useful to practitioners and academics in our efforts to realise a world with equitable and sustainable development.' --Gabrielle Marceau, University of Geneva, Switzerland'For international trade lawyers, border tax adjustments have never gone away. For the wider legal and political community, they have only recently gained prominence. This volume analyses all relevant issues from a multidisciplinary, legal as well as economic angle. No better time to do it. No more appropriate author to write it.' --Geert van Calster, KU Leuven, BelgiumTable of ContentsContent: INTRODUCTION PART I From economic to environmental objectives: Looking back at the rationale of traditional BTAs and looking ahead to new paradigms 1. History and theoretical foundation of traditional BTAs 2. History and theoretical foundation of environmental BTAs PART II From traditional consumption taxes to innovative environmental BTAs: An analysis of their tax design 3. Tax design of traditional BTAs 4. Tax design of environmental BTAs PART III From old legal debates to brand new legal issues: An assessment of the compatibility of traditional and environmental BTAs under WTO law (and beyond) 5. Legal framework of traditional BTAs 6. Legal framework of environmental BTAs CONCLUSION Index
£115.00
Edward Elgar Publishing Ltd The Green Market Transition: Carbon Taxes, Energy
Book Synopsis'Stefan Weishaar brought an excellent group of authors together in this book, reflecting on key developments for the green market transition! Happy to read so many refreshing contributions on carbon taxes, energy subsidies and smart instrument mixes.'- Kurt Deketelaere, University of Leuven, Belgium The Paris Agreement on climate change constitutes an important milestone in international climate negotiations. Its key objective is the strengthening of the global response to climate change by transitioning the world to an increasingly green economy. In this book, environmental tax and climate law experts address the various issues surrounding green market transitions. Key chapters examine carbon taxes and systems of implementation, energy subsidies, and support schemes for carbon and energy policies. Using a multitude of international case studies, several contributing authors reflect on the underlying policy dynamics and the constraints of various fiscal measures. In addition, this timely work considers the important issue of smart instrument mixes, going beyond instrument choice to examine how they can work in harmony together. Astute and engaging, this book is a vital companion for students and scholars in environmental law, economics and sustainability. Its practical approach also renders it an excellent guide for policy makers and those involved in fiscal reform and green market transition.Contributors include: M. Alsina Pujols, B. Bahn-Walkowiak, P. Castro, M. Distelkamp, N. Droste, E. Fonseca Capdevila, C. Fruhmann, S. Giorgi, A. Großmann, M. Hasenheit, A. Illes, T. Kawakatsu, C. Kettner, M. Kettunen, D. Kletzan-Slamanig, N. Kreibich, L. Kreiser, V. Kulmer, A. Lerch, C. Lutz, M. Machingambi, M. Meyer, J.E. Milne, I. Ring, S. Rudolph, R. Santos, S. Seebauer, H. Sprohge, L.-A. Steenkamp, C. Stroia, I. Taranic, P. ten Brink, A. Tuerk, S. Van Outryve d'Ydewalle, R. Vasileios, M. Villar Ezcurra, H. Wang-Helmreich, H. Wilts, S. Wolff, G. Woltjer, M. ZahnoTrade Review'This excellent volume is yet another contribution to the leading series Critical Issues in Environmental Taxation, which year on year allows experts and policy makers alike to keep abreast of the progress made in developing and implementing tax schemes for environmental protection. Focussing on the impact of the Paris agreement, chapters provide a thorough, data based analysis, of what is being done, how it is working, and what challenges remain. The editors and authors alike should be commended for the output.' --Javier de Cendra, IE Law School, Spain'The adoption of the Paris Agreement on climate change has made it crystal clear that the attention of scholars and practitioners alike needs to shift to the functioning of policies in support of a low-carbon transition. Offering a timely and important contribution, Weishaar and colleagues have brought together a distinguished and diverse group of authors, who together generate a wealth of ideas for the design of policy instrument mixes in various parts of the world.' --Harro van Asselt, University of Eastern Finland Law School'Contributions to this timely volume cover some of the most remarkable and important international developments of market-based instruments for environmental policy. Highlights include analytical insights on recent state-level policy proposals in the USA, on innovative methods of linking emissions trading schemes with environmental taxation and on South Africa's carbon tax proposal spanning one third of Africa's emissions.' --Mikael Skou Andersen, Aarhus University, DenmarkTable of ContentsContents: Part I Carbon taxes 1. Carbon Tax Choices: The Tale of Four States Janet E. Milne 2. Carbon Taxation in EU Member States: Evidence from the Transport Sector Claudia Kettner and Daniela Kletzan-Slamanig 3. The Effect of Carbon Taxes on Emissions and Carbon Leakage: Evidence from the European Union Maria Alsina Pujols 4. To Incentivise or Penalise: An Analysis of the proposed Carbon Tax in South Africa Lee-Ann Steenkamp 5. Is the use of Carbon Offsets in the South African Carbon Tax a Smart mix? Memory Machingambi 6. Linking Carbon Tax Systems under the Paris Agreement: Potentials and Risks Nicolas Kreibich and Hanna Wang-Helmreich Part II Energy Subsidies and Support Schemes 7. Renewable Energy Deployment at the Interplay between Support Policies and Fossil Fuel Subsidies Martina Zahno and Paula Castro 8. Considerations against Subsidies and Tax Incentives for Nuclear Energy Hans Sprohge and Larry Kreiser 9. Economic Effects of reforming Energy Tax Exemptions for the Industry in Germany Anett Großmann, Christian Lutz 10. Parafiscal Charges and Contributions to General Electricity Networks: a Legal Analysis of its Nature under the Scope of Directive 2003/96 and the EU State aids regime Marta Villar Ezcurra and Enrique Fonseca Capdevila Part III Policy Dynamics and Constraints 11. Why are Green Fiscal Policies such a small part of Green Economic Policies? Evidence from three European Countries Geert Woltjer, Marius Hasenheit, Vasileios Rizos, Igor Taranic, Cristian Stroia 12. Conceptualising a Tax Policy mix for Resource Efficiency – Selected results from a three transition pathways approach Bettina Bahn-Walkoviak, Henning Wilts, Mark Meyer and Martin Distelkamp 13. System Complexity as Key Determinant in achieving Efficacious Policy Transposition and Implementation Claudia Fruhmann, Andreas Tuerk, Veronika Kulmer and Sebastian Seebauer 14. Developing the North American Carbon Market: Prospects for Sustainable Linking Sven Rudolph, Takeshi Kawakatsu and Achim Lerch 15. Towards a ‘Third Dividend’ Analysis for Innovative Environmental Taxation Policies and Allocations: A Smart Instrument mix for the Reduction of CO2 emissions Sixtine Van Outryve d’Ydewalle and Sébastien Wolff Part IV In Search of Instruments in Other Policy Areas 16. Landscape and Taxation: the “minor” Instruments Silvia Giorgi 17. Exploring the Policy Mix for Biodiversity Financing: Opportunities provided by Environmental Fiscal Instruments in the EU Andrea Illes, Marianne Kettunen, Patrick ten Brink, Rui Santos, Nils Droste and Irene Ring Index
£111.00
Edward Elgar Publishing Ltd Tax Expenditures and Environmental Policy
Book SynopsisThis timely book provides a critical examination of the ways in which tax expenditures can be best used in order to enhance their efficacy as instruments for the implementation of environmental policy. Examining the capacity and limits of tax expenditures in financing environmental policy, Hope Ashiabor considers their use in various contexts and policies in order to clearly establish the common threads as well as any deviations that have emerged. The book outlines how, when used in environmental policy either to provide preferences to certain activities or to address the challenges of environmental degradation, the management of tax expenditures invariably results in unintended consequences that manifest in negative environmental outcomes and economic inefficiencies. It also examines some of the challenges encountered in re-structuring subsidies that have become environmentally harmful. Tax Expenditures and Environmental Policy will be of great interest to students and scholars in both tax and environmental law. It will also offer an essential tool for policy makers and practitioners through its focus on policy design and its doctrinal analysis.Trade Review‘Ashiabor’s book provides an informative read for all of those interested in the role of tax policies in fostering environmental protection.’ -- Alice Pirlot, British Tax Review'The concept of ''tax expenditures'' as coined by Stephen Surrey in 1967 and its role for environmental protection is the topic of this refreshing book, which investigates policymakers' inclinations for making stealth disbursements by offering opportunities for reductions in tax payments. Hope Ashiabor's savvy and sobering analysis unveils how tax expenditures permeate market transactions everywhere, from vehicle purchases to clean-tech development. Although distorting to the visions of internalizing the costs of pollution through taxation, his profound analysis of the realities is nevertheless comforting.' --Mikael Skou Andersen, Aarhus University, Denmark'A very useful resource for people interested in how tax expenditures send environmentally positive and negative signals-and the policy merits of tax expenditures more broadly. Addressing theory and practice, Professor Ashiabor engagingly tackles an important topic.' --Janet E. Milne, Vermont Law School, US'Professor Ashiabor has written a thorough analysis of the use of tax expenditures in an environmental policy context. The analysis is richly illustrated with many interesting examples, spanning half a century, building on an in-depth review of relevant literature. The book clearly emphasises the practical difficulties in designing well-working tax expenditures, and the many political economy issues that they raise.' --Nils Axel Braathen, Organisation for Economic Co-operation and DevelopmentTable of ContentsContents: 1. The Extensive Use of Tax and Direct Expenditures Over Fiscal and Market Instruments in Environmental Policy 2. Tax Expenditures – Their Origins, Nature, and Issues 3. The Environmental Policy Context: Issues and Challenges 4. Financing Innovation and Deployment of Cleantech Through Tax and Direct Expenditures 5. Financing Environmental Expenditures through the Earmarking of Taxes and Charges 6. Restructuring Environmentally Harmful Transport Subsidies: A Case Study of Employee Car Benefits 7. Conclusion Index
£104.00
Edward Elgar Publishing Ltd Innovation Addressing Climate Change Challenges:
Book SynopsisAlthough the world faces many environmental challenges, climate change continues to demand attention in both academic and public spheres. Innovation Addressing Climate Change Challenges explores ways in which market-based instruments and complementary policies can help countries meet their climate change goals following the Paris Agreement.In this insightful book, internationally distinguished climate change scholars have come together to examine the potential of a range of market-based instruments. These include carbon pricing, coal subsidies, vehicle taxation, government incentives for the electricity sector, and noise pollution taxes. Offering useful market-based perspectives, the book not only demonstrates the possibilities that these various instruments offer in reducing the risks of climate change, but also the challenges that exist in utilizing them. These insights will help to inform the many climate policy decisions that lie ahead.Astute and forward thinking, this timely book will be of vital importance to both students and scholars of environmental law and environmental economics with a particular focus on climate change. Political science students, as well as government officials, will also find its guidance on future policy engaging and timely.Table of ContentsContents: Foreword by Janet E. Milne Preface PART I Carbon pricing design and prospects 1. Introducing carbon taxes - issues and barriers Stefan E. Weishaar 2. Border adjustment with taxes or allowances to level the price of carbon Mikael Skou Andersen 3. Towards Bottom-up carbon pricing in Canada Takeshi Kawakatsu and Sven Rudolph 4. Beyond Thunderdome? The prospects of federal greenhouse gas cap-and-trade in Australia Elena Aydos and Sven Rudolph 5. How market-based emissions reduction mechanisms affect private property in Australia Vanessa Johnston PART II Complementary tax approaches 6. Vehicle taxation in EU member states Claudia Kettner and Daniela Kletzan-Slamanig 7. Cutting Europe’s lifelines to coal subsidies Shelagh Whitley, Laurie van der Burgh, Leah Worrall and Sejal Patel 8. Noise pollution taxes: a possibility to explore Marta Villar Ezcurra 9. Tackling environmental pollution in Seoul, South Korea through tax incentives and related strategies Stephanie Lee, Heidi Hylton Meier and Paul J. Lee PART III Revenue perspectives 10. Green ICMS - Brazil’s tax revenue distribution based on environmental criteria Lise Tupiassu, Bernardo Mendonça Nobrega and Jean-Raphaël Gros-Désormaux 11. Climate change-related action and non-productive investments in the European Union María Amparo Grau Ruiz 12. Total economic value of the Cagayan de Oro river basin Rosalina Palanca-Tan, Catherine Roween Chico-Almaden, Ma. Kresna Navarro, Marichu Melendez-Obedencio and Caroline Laarni Rubio-Sereñas PART IV Incentives for the electricity sector 13. Low-income households in New York’s Reforming the Energy Visions Ross Astoria 14. Mitigating the environmental consequences of electricity sector “lock in”: options for a de-carbonised energy future Rowena Cantley-Smith 15. An overview of zero emission credits for nuclear power plants in the United States Hans Sprohge and Larry Kreiser Index
£100.00
Edward Elgar Publishing Ltd Taxation of Bilateral Investments: Tax Treaties
Book SynopsisThe OECD's guidance on combatting tax avoidance strategies associated with Base Erosion and Profit Sharing (BEPS) methods is complex and accompanied by a wealth of literature. This book is the first to provide a concise and accessible overview of counter BEPS measures in the OECD Model and Commentary, allowing readers to gain a practical understanding of how the measures can impact the taxation of bilateral investments protected by tax treaties. Key features include: Practical analysis of tax treaties from the perspective of the country which is the destination of foreign investment Chapters that explore specific aspects of doing business in a destination country which employs the measures set out in the OECD Model and Commentary Explanation of how BEPS treaty rules affect a range of corporate tax strategies including: permanent establishment, use of corporate vehicles and intra-group transactions Information on administrative matters associated with BEPS, focusing on dispute settlement and cooperation in enforcement. Providing a succinct and practical approach to the topic, this book will be an insightful resource for those practising in the field of international taxation as well as corporate in-house counsel. Researchers and students seeking clear information on BEPS and its real world application affecting tax treaties will also benefit from this concise guide.Trade Review'Garbarino offers his deep knowledge in international tax systems to explain the new international tax planning thresholds. Changes of tax treaty standards derived from the BEPS Project especially, those reflected in the 2017 OECD Model/Commentary offer a basis for insightful guidance from the perspective of the country of destination of the investment. Garbarino analyses the test of the permanent establishment and treaty entitlement and encompasses rules related to corporate vehicles. Investors and their tax advisors, public authorities (including tax judges) and academics will find excellent guidance for their activities in this new international tax scenario.' --Luís Eduardo Schoueri, University of São Paulo and the Brazilian Tax Law Institute, BrazilTable of ContentsContents: 1. Doing Business Through a Permanent Establishment (PE) 2. Entitlement to Tax Treaties 3. Doing Business Through Corporate Vehicles 4. Dispute Settlement and Enforcement Index
£107.00
Edward Elgar Publishing Ltd Environmental Fiscal Challenges for Cities and
Book SynopsisAs populations become increasingly concentrated in urban centres and mega cities, while demands on transportation continue to grow, the question of how to mitigate the environmental footprint of these trends is ever more pressing. This comprehensive book demonstrates the potentially significant role of environmental taxation and other market-based instruments in meeting these challenges. Providing global insights, the book features international contributions from specialists in economics, law, technology, political economy and policy analysis. Studying environmental pricing policies in the context of urban sustainability and transportation, the contributing scholars identify cross-cutting issues to demonstrate how the use and evaluation of policy instruments can be improved. In addition to addressing the pervasive environmental impact of cities and transportation, novel case studies illustrate how the digital economy, as well as increasing globalization, necessitate a more sustainable approach in which environmental fiscal solutions could play a vital role. Environmental Fiscal Challenges for Cities and Transport will have broad appeal for researchers and will also be a useful resource for students in law, economics and politics with an interest in urban and environmental issues. Policymakers and their staff will find its use of real-world examples and nontechnical language particularly beneficial.Trade Review‘Environmental Fiscal Challenges for Cities and Transport provides another exciting edition for the Critical Issues in Environmental Taxation series. The breadth of issues covered within the book allows the reader to dip in and out of the areas that are of personal interest. Overall, it provides inspiration for new, green fiscal policies and an insight into some of the associated challenges.’ -- Amy Lawton, The IUCN AEL Journal of Environmental LawTable of ContentsContents: Preface PART I - IMPACTS OF THE EMERGING 21ST CENTURY ECONOMY 1. Environmental taxation in the digital world Janet E. Milne 2. Is the low level of taxes on e-commerce contributing to an environmentally unfriendly growth of transport? Marta Villar Ezcurra 3. Tax incentives to green investments: limits to state’s cuts back. A reflection on legitimate expectations & fair and equitable treatment to investments Jerónimo Maillo PART II - FISCAL ENVIRONMENTAL POLICIES FOR URBAN CONCENTRATION 4. Smart cities: can business improvement districts reduce the environmental footprint of urban areas? Helena Villarejo Galende, María Luisa Esteve Pardo and Clara Peiret García 5. The costs and benefits of extended producer responsibility: an evaluation of the Italian waste electrical and electronic equipment (WEEE) management system Edoardo Croci and Francesco Colelli 6. Fiscal Policy for Decarbonisation of Energy in Europe, with a Focus on Urban Transport: Case Study and Proposal for Spain David Robinson, Pedro Linares Llamas, Xiral López-Otero and Renato Rodrigues 7. A proposed green tax reform for Cyprus and its co-benefits for urban sustainability Theodoros Zachariadis 8. The agricultural conundrum: encouraging climate-friendly agriculture through economic instruments in North America Emma Akrawi PART III - CHALLENGING ISSUES FOR TRANSPORT TAXES 9. External costs and environmental taxation: the role of transport sectors within the Italian economy Andrea Molocchi 10. Is road pricing the key to sustainable low-carbon road transport in Australia? Vanessa Johnston 11. Taxing vehicle use to overcome the problems of conventional transport taxes Alberto Gago, Xavier Labandeira and Xiral López-Otero 12. Sharing cars: a legal and economic analysis of the taxation of b2c carsharing models Fanny Vanrykel, Bruno De Borger and Marc Bourgeois 13. Renewable energy, smarts grids and hybrid vehicles: a Brazilian case study Elena Aydos, Rafaela Cristina Oliari and Carlos Araújo Leonetti PART IV - THE EVALUATION OF CROSS-CUTTING POLICIES 14. Ex-post cost-benefit analysis of environmentally related tax policies. Building on programme evaluation studies Jonas Teusch and Nils Axel Braathen 15. Designing Carbon Taxes: economic and legal considerations Claudia Kettner, Daniela Kletzan-Slamanig, Stefan E. Weishaar and Irene J.J. Burgers 16. The use of the Effective Carbon Rate (ECR) as an indicator for climate mitigation policy Kris Bachus and Ping Gao 17. The G20 peer review of Fossil Fuel Subsidies Aldo Ravazzi Douvan and Gionata Castaldi 18. Increasing Fiscal Transparency in Energy Policies Leyla Ates and Sevil Acar Index
£115.00
Edward Elgar Publishing Ltd A Guide to the Anti-Tax Avoidance Directive
Book SynopsisThis book provides a concise, practical guide to the European Union's Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD's five specific anti-avoidance rules, its chapters explain the background of those rules, the directive's interactions with relevant jurisprudence, and the challenges posed to the ATAD's interpretation and implementation in domestic law. Key features include: critical, article-by-article analysis of the ATAD contextual information on the legislative environment in which the ATAD operates, embedding it in the wider landscape of CJEU jurisprudence insights into the day-to-day application of the ATAD rules in practice contributions from leading academics and practitioners in the field of tax law examples of the challenges to the interpretation and implementation of ATAD, taken from a range of EU Member States. European and international tax advisors, along with policy makers in the field of tax law, will find this book to be a comprehensive yet accessible guide to the ATAD and its correct application. Those who carry out research in European tax law can also benefit from this book's critical approach to the ATAD and the questions that surround anti-tax avoidance legislation in the European Union. Contributors include: D. Gutmann, W. Haslehner, R. Ismer, B. Kuzniacki, K. Pantazatou, L. Parada, I. Richelle, A. Rust, P. Schwarz, K. Spies, B. van Raaij, F. VanistendaelTrade Review'This book is an excellent guide to the many difficult issues posed by the implementation of the ATAD, in which the authors successfully combine fundamental technical analysis with practical conclusions. With its clear structure and lucid writing, it will prove an invaluable resource for any tax practitioner who faces the challenge of navigating the multi-layered maze of anti-avoidance rules in the EU.' --Kees van Raad, International Tax Center Leiden, the NetherlandsTable of ContentsContents: 1. From Abuse to Base Erosion, How Did It Come to This? Frans Vanistendael 2. The General Scope of the ATAD and Its Position in the EU Legal Order Werner Haslehner 3. Abuse of Law as a General Principle of European Union (Tax) Law Roland Ismer 4. The Interest Limitation (Article 4 ATAD) Daniel Gutmann 5. The Exit Tax Rule (Article 5 ATAD) Paloma Schwarz 6. The GAAR (Article 6 ATAD) Błażej Kuźniacki 7. Controlled Foreign Company Rule (Articles 7 and 8 ATAD) Alexander Rust 8. Hybrid Financial Instruments and Anti-Hybrid Rules in the EU ATAD (Article 9 ATAD) Leopoldo Parada 9. Hybrid Entities and Anti-Hybrid Rules in the EU ATAD (Article 9 and 9a ATAD) Karoline Spies 10. ATAD, Double Taxation and Tax Dispute Resolution Isabelle Richelle 11. Effective Implementation of the ATAD: Information Collection, Exchange and Monitoring through DAC 6 Katerina Pantazatou 12. Where Do We Go From Here? – The Steady Move Towards a Common Corporate Tax Base Bart van Raaij Index
£157.00
Edward Elgar Publishing Ltd International Exchange of Information in Tax
Book SynopsisIn this thoroughly revised third edition of what has become the standard work on information exchange in tax matters, Xavier Oberson provides an authoritative overview of the instruments and models used to exchange information on an international level. Addressing the latest developments in the movement towards increased global transparency in tax matters, this updated edition also includes new rules of information exchanges and reporting on digital platforms, crypto assets and crypto currencies.Key Features: Analysis of the OECD Common Reporting Standard of automatic exchange of information Discussion on a range of international instruments and models including: double taxation treaties, TIEAs, the OECD multinational convention, European Directives, FATCA and the Swiss Rubik model Examination of the new rules for information reporting to digital platforms and new reporting obligations for crypto-assets and e-money of the OECD Base Erosion and Profit Shifting (BEPS) Programme Lawyers, tax specialists and professionals in banking and finance looking to further their knowledge and gain insights into new developments in digital platforms and crypto currencies will find this book to be an invaluable reference. Students and academics in law, tax and economics will appreciate the clear overview and find this an essential resource.Trade Review‘Oberson’s book clearly describes all the legal instruments governing exchange of information. It offers a historical perspective on administrative cooperation and delves into both technological developments and public policy issues. A must-have for any international tax lawyer wishing to understand the tax challenges of a globalized economy and legal system.’ -- Daniel Gutmann, Sorbonne Law School, CMS Francis Lefebvre, France‘Oberson’s book has become the indispensable volume on exchange of information for practitioners, tax policy makers, and academics. The book cogently describes the recent evolution of exchange of information and the dramatic changes that ensued from the enactment of FATCA and the adoption of the Common Reporting Standard for automatic exchange of information. The new edition addresses important cutting edge topics like crypto assets. It also raises the increasingly crucial question of how to balance tax collection with taxpayer rights. This book is an outstanding contribution to knowledge and a crucial guide for future action.’ -- Reuven Aviyonah, University of Michigan Law School, US‘With his Third Edition of International Exchange of Information in Tax Matters; Towards Global Transparency, Xavier Oberson continues his master class on this intricate and important subject, with comprehensive coverage, exhaustive research, and cogent commentary that will be required reading for years to come.’ -- David Rosenbloom, Caplin & Drysdale, Washington DC, US‘Professor Oberson’s new edition of his book on international exchange of information in tax matters provides an insightful and detailed analysis of one of the key recent developments in international taxation. As such, it definitively is a “must read” for tax students and international tax practitioners alike.’ -- Shelby du Pasquier, Lenz & Staehelin, SwitzerlandTable of ContentsContents: 1. Introduction to International Exchange of Information in Tax Matters 2. Historical development of international exchange of information rules 3. Exchange of information under Double Taxation Conventions 4. A practical example: administrative assistance and exchange of information between the United States and Switzerland 5. Assistance in the collection of taxes under DTC 6. Tax Information Exchange Agreements (TIEAs) 7. The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 8. The EU Directives 9. The so-called Swiss ‘Rubik’ agreements 10. The Foreign Account Tax Compliance Act (FATCA) 11. Towards automatic exchange of information 12. Automatic exchange of information (AEOI): the OECD Common Reporting Standard 13. Solving the past 14. The impact of the OECD Base Erosion Profit Shifting (BEPS) Programme 15. Exchange of information on digital platforms 16. Exchange of information on crypto-assets and crypto-currencies 17. Legal protection of the taxpayer 18. Conclusion to International Exchange of Information in Tax Matters General bibliography Index
£175.00
Edward Elgar Publishing Ltd EU Tax Disclosure Rules: Mandatory Reporting of
Book SynopsisEU Tax Disclosure Rules provides a comprehensive, practical guide to the 6th amendment of Council Directive 2011/16/EU on administrative cooperation in the field of taxation (known as DAC6). Florian Haase offers insight and clarity into the mandatory reporting obligations imposed by DAC6 on intermediaries engaged in tax matters involving cross-border activities, and in some cases taxpayers themselves, as well as the characteristics or ‘hallmarks’ outlined in the Directive that trigger these obligations. Key features include: a critical examination of the Directive’s mechanism an overview of the status of implementation in EU Member States a contextual consideration of the legislative environment in which DAC6 operates insights into practical issues that may arise from the viewpoint of intermediaries and relevant taxpayers discussion of potential future developments of the Directive. The detailed coverage of the Directive and its implications contained in this new work will prove invaluable for all tax practitioners advising on EU tax law, including tax advisors, lawyers, mergers and acquisitions advisors, and in-house counsel for banks. It will also be of interest to academics working in tax law, as well as in commercial law and EU law more generally. Trade Review‘Prof. Florian Haase’s book is a terrific and valuable work that offers timely support for dealing with the new DAC6 rules; it represents an incredible effort to summarize the new rules, the most relevant implementation terms that have not yet been clarified in many countries, and how they affect cross-border activities. The examples and clarifications included make it an essential guide for multinational companies, professionals and intermediaries obliged to comply with the challenging tax law landscape.’ -- Maricla Pennesi, European Tax Coordinator, Andersen, ItalyTable of ContentsContents: Preface 1. Introduction to EU rules on tax disclosure 2. Intermediaries and other participants 3. Cross-border arrangements 4. Hallmarks 5. Timelines and triggering events 6. Reporting procedure and exchange of information 7. Miscellaneous 8. Future developments 9. Status of implementation in EU Member States 10. Annex: Relevant provisions of DAC 6 Index
£148.00
Edward Elgar Publishing Ltd Environmental Taxation in the Pandemic Era:
Book SynopsisAt a time when climate change and the Covid-19 pandemic pose a global existential threat, this timely and important book explores how policy responses to a pandemic create both opportunities and challenges for the increased use of environmental pricing instruments, such as carbon taxes, and tradable permit schemes, and targeted green fiscal incentives.The chapters provide an important foundation of knowledge and analysis about how a pandemic affects environmental tax policy. They identify lessons from policy makers’ responses to the management of the pandemic and implications for addressing the threat of climate change and other environmental challenges. They highlight the need for environmental pricing instruments in the mix of policy instruments even in the wake of a pandemic. They present theory and empirical analysis, and they feature a number of country-specific case studies, including the experience of developing countries.This book takes readers into the important and unprecedented circumstances of our time where pandemic policy meets environmental policy for the short and long terms. It will be of great interest to researchers, students and scholars in environmental policy, tax and law, as well as the industry sector, policy makers and government officials.Trade Review'The 2020-21 pandemic crisis confirms the opportunity for integrating environmental taxation into the core structure of fiscal systems. Carbon taxes, resources taxes, removal of environmental harmful subsidies allow labour taxes to be abated substantially. Economic instruments might not be ''the'' solution, but they are certainly ''par'' of the solution if we wish to achieve the ambitious but necessary objectives of the UN SDGs, Paris Agreement, CBD on biodiversity and natural capital. We have here substantial contributions with robust analysis that can be used by all Governments and researchers.' -- Aldo Ravazzi Douvan, Italian Ministry of Ecological Transition, Past Chair OECD Committee on Tax & Environment, President Green Budget Europe and Professor of Environmental Global Governance, University of Roma Tor Vergata, Italy’The current Covid-19 pandemic has shown us that once again that science is our best ally to face disease. In this book a scientific position is used to highlight global warming which is another big problem that must be attended urgently. Let’s not wait until we are in the abyss to react as happened with Coronavirus, we can prevent it and do something before it is too late. Human survival depends on our actions and every second counts.’ -- Daniel Irwin Yacolca Estares, National University of San Marcos, PeruTable of ContentsContents: Foreword: fake twins x by Christian de Perthuis PART I CARBON TAX THEORY IN THE PANDEMIC ERA 1 A post-crisis assessment of carbon taxation for members of the Coalition of Finance Ministers for Climate Action 3 Simon Black and Ian Parry 2 Setting a price for carbon to achieve carbon neutrality in the European Union 21 Alberto Majocchi 3 The Green New Dividend: a cost neutral market-based alternative to the Green New Deal 35 Russell Mendell PART II COVID-19 AND EU-WIDE TAX POLICIES 4 100 years of externalities 50 Astrid Ladefoged and Mirka Janda 5 Promoting a green economic recovery from the Corona crisis 67 Holger Bär, Matthias Runkel and Kai Schlegelmilch 6 Reconciling EU tax and environmental policies: VAT as a vehicle to boost green consumerism under the EU Green Deal 82 Francesco Cannas and Matteo Fermeglia PART III CARBON PRICING IN LATIN AMERICA IN THE PANDEMIC ERA 7 Carbon pricing in Perú: a matter of climate justice in the Covid-19 context 97 Carlos Trinidad Alvarado and Daniela Soberón Garreta 8 The Carbon Tax in Argentina is sick with COVID-19 112 Rodolfo Salassa Boix 9 Public finance, taxation, and environment post-Covid-19: perspectives for Brazil 127 Daniel Giotti de Paula and Lígia Barroso Fabri 10 Tax incentives for electric vehicles and biofuels: a Brazilian case study 141 Rafaela Cristina Oliari, Carlos Araújo Leonetti and Elena Aydos PART IV EUROPEAN NATIONAL CASE STUDIES 11 Environmental taxation in an age of COVID-19: an Italian approach 156 Alberto Comelli 12 COVID-19 and urban mobility: has the time come for a paradigmatic shift? The potential of environmental tax policies in the pandemic age 170 Marina Bisogno PART V ENVIRONMENTAL SUPPORT SCHEMES IN THE MIDST OF THE PANDEMIC 13 A taxonomy of environmentally sustainable activities to orient Covid-19 tax measures to environmental objectives 185 Sébastien Wolff 14 Assessing public aid for true green digital recovery: a matter of good tax governance in the European Union 199 Marta Villar Ezcurra and María Amparo Grau Ruiz 15 The purposefulness and serviceability of renewable energy support schemes in view of the COVID-19 crisis 215 Theodoros G. Iliopoulos PART VI LESSONS FOR ALLOWANCE TRADING 16 Covid-19 and EU climate change linking 230 Stefan Weishaar 17 Enforcing sustainable auction-based ETS in a post-COVID-19 world: evidence from and lessons for Northeast Asia 243 Joseph Dellatte and Sven Rudolph Index
£104.00
Edward Elgar Publishing Ltd International Tax at the Crossroads:
Book SynopsisIn light of the significant transformations affecting international tax in recent years, this book provides an in-depth assessment of the key issues impacting the taxation of cross-border transactions.Craig Elliffe brings together a wealth of acclaimed legal academics to consider how the Inclusive Framework (IF) is responding to the ways in which highly digitalised businesses operate. International Tax at the Crossroads examines the overarching aspects of international tax reform, evaluates the IF’s proposed multilateral tax reforms and outlines the alternative unilateral options available and their subsequent legal consequences. Chapters analyse whether proposed tax reforms are stable, who should be involved in formulating international tax policy, who is influencing international tax policy, and the options and issues which arise in the event that multilateral compromise does not work.This insightful book will prove an essential read for students, academics and researchers interested in domestic and international tax law, commercial law and fiscal policy. It will also be of benefit to advisors, administrators, practitioners and officials working in the financial sector.Table of ContentsContents: Preface ix Introduction: standing at the crossroads 1 Craig Elliffe and Matt Andrew 1 Robustness and resilience in international tax reform 21 Wolfgang Schön 2 The reform of the institutional structure of international taxation 49 Philip Baker KC 3 Unilateralism and multilateralism in international tax 71 Reuven Avi-Yonah 4 Stability of the international tax system in a changing world 95 Victoria Plekhanova and Chris Noonan 5 Tax states, jurisdiction and the multilateral reality 115 Miranda Stewart 6 The impact of the global minimum tax on tax competition 142 Michael Devereux and John Vella 7 Is the shift to taxation at the point of destination inexorable? 167 Matt Andrew and Richard Collier 8 Multilateral tax reform 194 Michael Littlewood 9 Arbitration of tax disputes after the BEPS Two Pillar Solution 222 Chris Noonan and Victoria Plekhanova 10 The Canadian Digital Services Tax 246 Wei Cui 11 Legal problems with digital taxes in the United States and Europe 266 Ruth Mason 12 Data as a tax base 288 Alison Pavlovich
£114.00
Edward Elgar Publishing Ltd The Regulation of Tax Competition: Rethinking
Book SynopsisThis comprehensive book adopts a nuanced yet straightforward approach to analysing the complex phenomenon of international tax competition. Using the ongoing international efforts of the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) as a basis for its analysis, it explores the mixed effects of tax competition and offers an effective approach that takes account of the asymmetrical global context.Providing a history of the OECD’s work on tax competition to date, Chidozie George Chukwudumogu argues against conventional efforts to merely restrict international tax competition, putting forward a wide regulatory approach that is more appropriate and considerate of the inequality of the states involved. The author further explains and simplifies complex terms and principles of international tax policy, demystifies common assumptions about tax competition, and identifies commonalities beyond the often polarizing debates on the topic.The Regulation of Tax Competition will be a crucial resource for academics, researchers and students with an interest in international tax law and policy. Policymakers in both international organisations such as the OECD and EU and in national governments will also benefit from awareness of the arguments explored in this book.Trade Review‘This book provides a fresh and innovative look at an "old" yet ever topical question, that of tax competition. Chidozie Chukwudumogu guides the reader with mastery through the different elements and various distinctions of tax competition, and decomposes the approach adopted so far at international and EU level. Employing the concept of fiscal sovereignty, Chukwudumogu convincingly argues for a novel normative regulatory approach to tax competition that would allow for global redistribution.’ -- Katerina Pantazatou, University of Luxembourg, Luxembourg‘We are in an unprecedented era of rapid international tax reform. The previous consensus in international tax design among primarily high-income nations has been critically appraised by scholars and policy makers and found wanting. The OECD and its member countries are forming a new consensus. In this moment, Dr. Chukwudumogu’s book is essential reading. He proposes a new way of framing and promoting effective international tax relations, one that understands tax competition as a regulatory challenge.’ -- Kim Brooks, Dalhousie University, Canada‘Chukwudumogu challenges the dominant tax competition frame. Contending it fails to address the need for global redistribution in an asymmetric world, he advocates a “regulatory” approach that navigates states’ fiscal sovereignty rights and states’ duties to respect other states through cooperation. This work comes at a critical moment in international tax history— as policy frames are being rewritten and new voices and perspectives are taking center stage—and it offers readers a powerful and reasoned path for reconceptualizing the tax struggle among states.’ -- Diane Ring, Boston College Law School, US‘This is an outstanding and timely book. It’s core is the proposal to regulate rather than curb tax competition, which is precisely what the new OECD proposals are about. It should be read by anyone interested in the new international tax regime that is emerging from the current OECD framework.’ -- Reuven Avi-Yonah, University of Michigan, USTable of ContentsContents: Foreword: The Regulation of Tax Competition: Rethinking “Harmful” Tax Competition in a Global Context Preface 1. Introduction 2. The prohibitory approach to tax competition by the OECD, as supported by the EU 3. The effects of tax competition 4. The sovereignty analysis in tax competition 5. The regulation of tax competition: the regulatory approach 6. Final thoughts Bibliography Index
£90.00
Edward Elgar Publishing Ltd Beneficial Ownership in International Taxation
Book SynopsisThis authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Despite attempts by the OECD to clarify the concept, it remains ambiguous to tax authorities, courts and scholars alike, which has detrimental effects on the functioning of tax treaties. Błażej Kuźniacki presents a route towards an international autonomous meaning of beneficial ownership in international taxation, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity.Key Features: Guidance towards solving definitional disputes between taxpayers and tax authorities Discussion of ground-breaking judgments in cases on beneficial ownership from various jurisdictions across the world Comprehensive reflection of tax law in action, particularly in respect of outbound investments that trigger transborder payments of dividends, interest and royalties Clear demarcation between appropriate and inappropriate usage of beneficial ownership by authorities and courts when addressing the issue of abuse of tax treaties and EU Directives Beneficial Ownership in International Taxation will be a crucial resource for lawyers specialising in international taxation, tax practitioners and accountants, along with officials at tax authorities and judges hearing cases in this area. It will also be useful for policy makers working on cross-border taxation, and scholars and students researching international tax law.Trade Review‘Beneficial ownership has been one of the most controversial terms in international tax law since it was first used in tax treaties. Professor Kuźniacki explores in detail the origins of the controversy, the reasons for it and how it has unfolded through the years in international organizations (i.e. OECD, UN) and in different judicial decisions. The outcome is a great book on beneficial ownership, with a detailed, enlightening and thought provoking discussion that is no doubt a reference for those interested in the evolution of this concept.’ -- Adolfo Martín Jiménez, University of Cádiz Law School, Spain‘There has been a need for some time for a book that provided a thorough analysis of the historical origins, changes in interpretation, and application in practice of the “beneficial ownership” concept. Professor Błażej Kuźniacki has now completely satisfied that need with a comprehensive and illuminating discussion of the BO concept. This book traces the lack of clarity over the concept from its first appearance in tax treaties through to the latest case law and its inter-relationship to post-BEPS anti-avoidance measures. Aside from its full analysis, the book adds an appendix analysing several of the leading cases on the topic. How amazing, though, that just two words in tax treaties can spawn an academic work of over 400 pages! This book should sit on the bookshelf alongside Arvid Skaar’s magnum opus on “permanent establishment”, where two words generated a work of over 900 pages.’ -- Philip Baker QC, Gray’s Inn and Oxford University, UK‘In his book on Beneficial Ownership in International Taxation Professor Kuźniacki provides for a comprehensive, profound and thought-provoking analysis of beneficial ownership as the theme has developed in the past 80 years. His work is thorough and detailed and a must-read for practitioners and academics working in international taxation.’ -- Stef van Weeghel, University of Amsterdam, the Netherlands‘This is a terrific and eminently useful volume. Like “arm's-length” and “direct or indirect,” “beneficial ownership” is one of those tax terms that bristles with ambiguity. Professor Kuźniacki has meticulously researched and analyzed the beneficial ownership “conundrum,” thereby making a major contribution to the international tax field.’ -- H. David Rosenbloom, New York University School of Law, USTable of ContentsContents: Preface 1. Introduction to Beneficial Ownership in International Taxation 2. Canons of interpretation relevant to the concept of beneficial ownership 3. The origin and evolution of the concept of BO in international tax law 4. General themes in tax jurisprudence on the concept of BO 5. International case law 6. EU case law 7. Current and future issues facing the concept of beneficial ownership Index
£172.00
Edward Elgar Publishing Ltd Alternative Dispute Resolution and Tax Disputes
Book SynopsisArbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favour of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system.Key Features: Comprehensive analysis of the existing tax treaty framework and their application to MAP and arbitration Up-to-date guidance on the best practices in alternative dispute resolution to ensure effective and efficient dispute resolution Original insights from dispute resolution mechanisms found in non-tax areas such as trade and investment law In-depth discussion of primary and secondary EU law rules on tax dispute resolution, including implications of EU general principles, fundamental rights and internal market rules Identifying some of the new issues in tax arbitration and offering views on how to tackle them in the most appropriate way, this book will be a key resource for tax law practitioners looking for the latest insights on how to navigate the legal framework for alternative tax dispute resolution. Students and academics focusing on commercial and tax law will also benefit from this detailed guide.Table of ContentsContents: Preface xii 1 The future of international tax dispute resolution post-BEPS and MLI 1 Daniel Gutmann 2 What disputes does a MAP resolve? 17 Katerina Pantazatou 3 Post-BEPS arbitration: last best offer versus reasoned opinion 41 Alexia Kardachaki and Sjoerd Douma 4 Best practices for competent authorities to ensure effective and efficient arbitration 68 Laura Turcan 5 The EU Dispute Resolution Directive 103 Georg Kofler and Alexander Rust 6 Tax arbitration and the EU treaties 130 Werner Haslehner 7 Taxpayers and their rights in alternative tax dispute resolution 151 Katerina Perrou 8 Enforcement and judicial control of arbitration decisions 171 Paloma Schwarz 9 Alternative dispute resolution through mediation 188 Peter Nias 10 Relation between dispute resolution under double taxation conventions and investment treaties 215 Robert J. Danon 11 The independence and impartiality of arbitrators 236 Arno E. Gildemeister 12 Lessons from investment treaty arbitration 255 Javier García Olmedo 13 Reflections on dispute resolution under GATT and the WTO and double tax treaty disputes 283 Timothy Lyons Index
£160.00
Edward Elgar Publishing Ltd Economic Instruments for a Low-carbon Future
Book SynopsisCritically assessing recent developments in environmental and tax legislation, and in particular low-carbon strategies, this timely book analyses the implementation of market-based instruments for achieving climate stabilisation objectives around the world. Through case studies and broader analysis, international experts examine taxes and subsidies in energy intensive sectors including stationary energy and transport in Europe and South America, and low-carbon strategies in Australia and East Asia. They also address cross-cutting policy issues involving water pollution and biodiversity protection. This work illustrates how economic instruments for a low-carbon transition need to align with other governmental policies and together influence behaviour in multiple domains such as energy, mobility, trade, land use and innovation. Providing a rich economic modelling of environmental fiscal policies, this topical book will be an engaging read for environmental tax scholars and professionals, as well as academics across energy and environmental economics, law and policy. Policy makers and practitioners in energy and climate policy will also benefit from its problem-solving approach. Contributors include: M.S. Andersen, E. Aydos, E. Belletti, M. Bisogno, C. Cámara Barroso, Q. Changbo, G. Chazhong, J. Dellatte, B. Fenfen, L. Feng, S. Geringer, E. Guglyuvatyy, T. Iliopoulos, T. Kawakatsu, D. Kortschak, K. Kratena, V. Kulmer, A. Lerch, I. Meyer, M. Molinos-Senante, M. Pizzol, S. Rudolph, K. Schlegelmilch, S. Seebauer, M. Sommer, C. Sotiriou, N.P. Stoianoff, H. Thodsen, A. Tomo, J. Tumpel, M. Villar Ezcurra, Z. Zachariadis, J.M.M. ZanocchiTrade Review'A very rich book, to be read by all those who suspect that environmental taxation can accelerate the transition toward a low-carbon society around the world.' --Christian de Perthuis, Université Paris Dauphine-PSL, FranceTable of ContentsContents: FOREWORD PREFACE PART I ECONOMIC INCENTIVES FOR THE ENERGY TRANSITION 1. Price Support Schemes in the Service of the EU’s Low-Carbon Energy Transition Theodoros Iliopoulos 2. Tax Incentives for Photovoltaic Power Self-Consumption: An Analysis of the Spanish Experience Marta Villar Ezcurra and Carmen Cámara Barroso 3. The Brazilian Newly Inaugurated Net Metering System: A Case Study of a Win-Win Model for the Sustainable Development of the Country’s Energy Matrix Boosted by Renewable Sources José Maria McCall Zanocchi PART II ON THE ROAD TO LOW-CARBON TRANSPORT 4. VAT Rules for Passenger Travel by Air and by Train in the EU Julia Tumpel 5. Incentivizing Favourable Treatment of Electric Vehicles ⎯ Developing Best Practices in the EU from the Austrian Perspective Stefanie Geringer 6. “Ecobonus” and “Ecotax”: Two Recent Italian Fiscal Measures to Promote the Decarbonization in Vehicles Alessia Tomo PART III CHALLENGES TO LOW-CARBON STRATEGIES IN AUSTRALIA AND EAST ASIA 7. Australian Carbon Policy: Two Steps Forward, One Step Backwards? Evgeny Guglyuvatyy and Natalie P. Stoianoff 8. May Link Prevail! Or: A Comparative Analysis of Lessons Learnt from (not) Linking Carbon Markets in Japan and Oceania Sven Rudolph, Elena Aydos, Takeshi Kawakatsu, Achim Lerch and Joseph Dellatte 9. Carbon Emission Reduction Effects of China’s Environmental Protection Tax – A Case Study Long Feng, Ge Chazhong, Bi Fenfen, Qin Changbo PART IV PROSPECTS FOR DECARBONISATION AND CIRCULAR ECONOMY 10. How to Reach Paris: A Comprehensive Long-Term Energy-Economy Scenario for Austria Ina Meyer, Mark Sommer and Kurt Kratena 11. The Importance of a Carbon Tax for Timely and Cost-effective Decarbonisation – A Case Study from Cyprus Chryso Sotiriou and Theodoros Zachariadis 12. Trigger or time fuse? An Empirical Framework for Detecting Change Points and Pace in the Diffusion of Low Carbon Technologies Veronika Kulmer, Dominik Kortschak and Sebastian Seebauer 13. The Potential of Reuse in the Circular Economy Strategy: In Search of a Legal Framework – The Italian Tax Perspective Marina Bisogno PART V RELEVANT LEGAL AND ECONOMIC CONSIDERATIONS FROM OTHER SUSTAINABILITY CONTEXTS 14. Environmental Taxation in Sub-Saharan Africa: Barriers and Policy Options Elena Belletti 15. Implications of Denmark’s Water Price Reform for Riverine and Coastal Surface Water Quality Massimo Pizzol, Maria Molinos-Senante, Hans Thodsen and Mikael Skou Andersen 16. Reduction of Biodiversity Harmful Subsidies and Compensatory Payments for Agricultural Pollutants in Germany Kai Schlegelmilch Index
£104.00
Edward Elgar Publishing Ltd Taxation, Welfare and the Crisis of Unemployment
Book SynopsisThis book analyses the impact of European tax and benefit systems on incentives to create and take up jobs. European policymakers face tough choices as reforms to these systems are costly and recognising and understanding the complex trade-offs involved - a pre-condition to pushing the reform process forward - is the aim of this volume.The authors, experts in public and welfare economics, investigate the problems involved in re-designing tax and benefit systems in Europe, the cross-country spillovers of 'bad' domestic policies and the peer pressure from closer policy co-operation in EMU. They examine reforms in tax and welfare systems and suggest ways in which to improve their efficiency without undermining the equitable foundations of the European social model. While aiming at a high degree of generality, the analyses are rooted firmly in the experience of European countries and the conclusions are therefore all the more relevant and of interest to policymakers in Europe, as well as the rest of the world.The blend of theoretical and institutional analysis, policy suggestions and case studies of relevant European success stories will ensure this book appeals to policymakers and scholars of welfare, European and labour studies.Trade Review'This book provides a thorough institutional and theoretical analysis of this specific sector of European policy making, highlighting the key problems involved in reforming European tax and benefit systems as well as suggesting possible ways to improve efficiency. Policymakers and scholars of European welfare and labour market policies will therefore find this book useful.' -- European Access'. . . an interesting blend of theoretical analysis, policy suggestions and case studies of relevant success stories.' -- Aslib Book GuideTable of ContentsContents: 1. Overview Part I: The Issues 2. Redistribution and Labour-supply Incentives Part II: The Facts 3. Effective Taxation, Spending and Employment Performance 4. Net Replacement Rates of the Unemployed: Comparisons of Various Approaches 5. The Retreat of the Welfare System: Myths and Reality – A Broad Comparison of Trends in Social Protection Expenditure across EU Countries Part III: Evaluation Methods 6. Evaluating the Labour Supply Responses to ‘in-work’ Benefit Reforms for Low Income Workers 7. Tax Reform and Labour Supply in Sweden: Were Low and High Skill Individuals Affected Differently? Part IV: General Equilibrium Effects 8. The Dutch Employment Miracle and Fiscal Challenges of the Twenty-first Century 9. Skill-biased Technical Change, Sectoral Heterogeneity and Wage Setting: Unemployment or Wage Inequality Index
£115.00
Edward Elgar Publishing Ltd International Taxation
Book SynopsisScholarly research on taxation is increasingly preoccupied with its global implications. This volume collects the most important and influential recent research on international aspects of taxation. The book offers empirical estimates of the effects of taxation on foreign direct investment, international borrowing, and other forms of tax avoidance. It further focuses on classic studies of tax competition and the latest research on the characteristics of desirable tax policies in open economies. This authoritative collection of articles offers a comprehensive survey of international tax issues, one that is accessible to newcomers to the field but is also of considerable value to seasoned tax professionals.Trade Review'In the last two decades, increasing integration of the markets for goods, capital, and intellectual property has made the tax rules governing international transactions central features of the modern tax code. In response, the academic literature on international taxation has expanded rapidly. This volume brings together key contributions, classics as well as studies that define the current research frontier, in a collection that no serious student of tax policy should be without.' -- James M. Poterba, MIT, USTable of ContentsContents: Acknowledgements Introduction James R. Hines Jr. PART I FOREIGN DIRECT INVESTMENT 1. David G. Hartman (1985), ‘Tax Policy and Foreign Direct Investment’ 2. James R. Hines, Jr. and Eric M. Rice (1994), ‘Fiscal Paradise: Foreign Tax Havens and American Business’ 3. James R. Hines, Jr. (1996), ‘Altered States: Taxes and the Location of Foreign Direct Investment in America’ 4. Rosanne Altshuler, Harry Grubert and T. Scott Newlon (2001), ‘Has U.S. Investment Abroad Become More Sensitive to Tax Rates?’ 5. James R. Hines Jr. (2001), ‘Tax Sparing and Direct Investment in Developing Countries’ 6. Michael P. Devereux and Rachel Griffith (2003), ‘Evaluating Tax Policy for Location Decisions’ 7. Mihir A. Desai, C. Fritz Foley and James R. Hines Jr. (2004), ‘Foreign Direct Investment in a World of Multiple Taxes’ 8. Alfons J. Weichenrieder (1996), ‘Anti-Tax-Avoidance Provisions and the Size of Foreign Direct Investment’ PART II INTERNATIONAL BORROWING 9. Harry Huizinga (1996), ‘The Incidence of Interest Withholding Taxes: Evidence from the LDC Loan Market’ 10. Leslie E. Papke (2000), ‘One-Way Treaty with the World: The U.S. Withholding Tax and the Netherlands Antilles’ 11. Mihir A. Desai, C. Fritz Foley and James R. Hines Jr. (2004), ‘A Multinational Perspective on Capital Structure Choice and Internal Capital Markets’ PART III TAX AVOIDANCE 12. Kimberly A. Clausing (2003), ‘Tax-Motivated Transfer Pricing and US Intrafirm Trade Prices’ 13. Mihir A. Desai and James R. Hines Jr. (2002), ‘Expectations and Expatriations: Tracing the Causes and Consequences of Corporate Inversions’ 14. Mihir A. Desai, C. Fritz Foley and James R. Hines Jr. (2001), ‘Repatriation Taxes and Dividend Distortions’ 15. Rosanne Altshuler and Harry Grubert (2003), ‘Repatriation Taxes, Repatriation Strategies and Multinational Financial Policy’ PART IV TAX COMPETITION 16. S. Bucovetsky (1991), ‘Asymmetric Tax Competition’ 17. Ravi Kanbur and Michael Keen (1993), ‘Jeux Sans Frontières: Tax Competition and Tax Coordination When Countries Differ in Size’ 18. Roger H. Gordon (1992), ‘Can Capital Income Taxes Survive in Open Economies?’ 19. Michael Keen (2001), ‘Preferential Regimes Can Make Tax Competition Less Harmful’ 20. John Douglas Wilson and David E. Wildasin (2004), ‘Capital Tax Competition: Bane or Boon?’ PART V INTERNATIONAL TAX POLICY IMPLICATIONS 21. Thomas Horst (1980), ‘A Note on the Optimal Taxation of International Investment Income’ 22. Assaf Razin and Efraim Sadka (1991), ‘International Tax Competition and Gains from Tax Harmonization’ 23. Michael Keen and Hannu Piekkola (1997), ‘Simple Rules for the Optimal Taxation of International Capital Income’ 24. Joel Slemrod, Carl Hansen and Roger Proctor (1997), ‘The Seesaw Principle in International Tax Policy’ 25. Mihir A. Desai and James R. Hines Jr. (2003), ‘Evaluating International Tax Reform’ 26. Roger H. Gordon (1986), ‘Taxation of Investment and Savings in a World Economy’ 27. Wolfgang Eggert and Andreas Haufler (1999), ‘Capital Taxation and Production Efficiency in an Open Economy’ 28. Michael Keen and David Wildasin (2004), ‘Pareto-Efficient International Taxation’ Name Index
£250.00
Edward Elgar Publishing Ltd Economics of Tax Law
Book SynopsisTaxation has long been the subject of study by both lawyers and economists - pre-dating the law and economics movement - but the gap in the understanding of one another's methodology appears to have widened over time. This important two-volume set aims to address this gap, presenting a selection of papers which have been carefully chosen by the editor not only for their application of economics to distinctly legal issues in the field of taxation, but also for their use of an economic analysis that is relevant and penetrable for lawyers and legal scholars. The collection begins with papers that explore the difference between economic and traditional legal approaches to tax problems. Volume I then focuses on commodity taxation, tax incidence and distribution, progressivity, income taxation, consumption and the choice of tax base. Volume II then turns to more procedural aspects of tax, such as the implementation of the tax base, administration and compliance (including tax shelters), the taxable unit and tax expenditures.This collection will provide an invaluable reference source for lawyers, economists and any student of tax law.Trade Review‘This is an excellent collection that provides a good introduction to some of the key economic issues in tax policy.’ -- Daniel N. Shaviro, New York University, USTable of ContentsContents: Volume I Acknowledgements Introduction David A. Weisbach PART I TAX NORMS 1. Thomas Griffith (1993), ‘Should “Tax Norms” be Abandoned? Rethinking Tax Policy Analysis and the Taxation of Personal Injury Recoveries’ 2. Louis Kaplow (1989), ‘Horizontal Equity: Measures in Search of a Principle’ PART II THE BASIC ECONOMICS OF TAXATION A Commodity Taxation 3. William J. Baumol and David F. Bradford (1970), ‘Optimal Departures from Marginal Cost Pricing’ 4. David A. Weisbach (2000), ‘An Efficiency Analysis of Line Drawing in the Tax Law’ B Incidence and Distribution 5. Michael Graetz (1995), ‘Paint-by-Numbers Tax Lawmaking’ 6. Boris I. Bittker (1975), ‘Tax Shelters and Tax Capitalization, or, Does the Early Bird Get a Free Lunch?’ 7. Boris I. Bittker (1979), ‘Equity, Efficiency, and Income Tax: Do Misallocations Drive Out Inequities?’ C Progressivity 8. Joseph Bankman and Thomas Griffith (1987), ‘Social Welfare and Rate Structure: A New Look at Progressive Taxation’ 9. Joel Slemrod, Shlomo Yizhati, Joram Mayshar and Michael Lundholm (1994), ‘The Optimal Two-Bracket Linear Income Tax’ 10. George Akerlof (1978), ‘The Economics of “Tagging” as Applied to the Optimal Income Tax, Welfare Programs, and Manpower Planning’ 11. Albert L. Nichols and Richard J. Zeckhauser (1982), ‘Targeting Transfers through Restrictions on Recipients’ D Combining Commodity Taxation and Progressivity 12. Louis Kaplow (2006), ‘On the Undesirability of Commodity Taxation Even When Taxation is Not Optimal’ 13. Louis Kaplow (2004), ‘On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy’ PART III THE CHOICE OF THE TAX BASE – THEORY A What is Income Taxation? 14. Louis Kaplow (1994), ‘Taxation and Risk Taking: A General Equilibrium Perspective’ 15. Alvin C. Warren, Jr. (1996), ‘How Much Capital Income Taxed Under an Income Tax is Exempt Under a Cash Flow Tax?’ B The Comparison Between Consumption and Income Taxation 16. William D. Andrews (1974), ‘A Consumption-Type or Cash Flow Personal Income Tax’ 17. Alvin C. Warren (1980), ‘Would a Consumption Tax be Fairer Than an Income Tax?’ 18. Joseph Bankman and David A. Weisbach (2006), ‘The Superiority of an Ideal Consumption Tax Over an Ideal Income Tax’ C Changing Tax Bases 19. Michael J. Graetz (1977), ‘Legal Transitions: The Case of Retroactivity in Income Tax Revision’ 20. David F. Bradford (1996), ‘Consumption Taxes: Some Fundamental Transition Issues’ 21. David F. Bradford (1998), ‘Transition to and Tax-Rate Flexibility in a Cash-Flow-Type Tax’ Name Index Volume II Acknowledgements Introduction David A. Weisbach PART I THE CHOICE OF THE TAX BASE – IMPLEMENTATION A Implementing a Consumption Tax 1. David A. Weisbach (2000), ‘Ironing Out the Flat Tax’ 2. Harry Grubert and T. Scott Newlon (1995), ‘The International Implications of Consumption Tax Proposals’ B Implementing a Tax on Capital Income 3. William D. Andrews (1983), ‘The Achilles’ Heel of the Comprehensive Income Tax’ 4. Alan J. Auerbach and David F. Bradford (2004), ‘Generalized Cash-Flow Taxation’ 5. Daniel I. Halperin (1985), ‘Interest in Disguise: Taxing the “Time Value of Money”’ 6. Alvin C. Warren (1993), ‘Financial Contract Innovation and Income Tax Policy’ 7. Noel Cunningham and Deborah Schenk (1993), ‘The Case for a Capital Gains Preference’ PART II ADMINISTRATION AND COMPLIANCE A In General 8. Michael G. Allingham and Agnar Sandmo (1972), ‘Income Tax Evasion: A Theoretical Analysis’ 9. Shlomo Yitzhaki (1974), ‘A Note on Income Tax Evasion: A Theoretical Analysis’ 10. Shlomo Yitzhaki (1979), ‘A Note on Optimal Taxation and Administrative Costs’ 11. Joel Slemrod and Shlomo Yitzhaki (1996), ‘The Cost of Taxation and the Marginal Efficiency Costs of Funds’ 12. Joel Slemrod and Wojciech Kopczuk (2002), ‘The Optimal Elasticity of Taxable Income’ B Shelters 13. Joseph Bankman (1999), ‘The New Market in Corporate Tax Shelters’ 14. David A. Weisbach (1999), ‘Formalism in the Tax Law’ PART III THE TAXABLE UNIT 15. Boris I. Bittker (1975), ‘Federal Income Taxation and the Family’ 16. Edward J. McCaffrey (1993), ‘Taxation and the Family: A Fresh Look at Behavioral Gender Biases in the Code’ PART IV TAX EXPENDITURES 17. Stanley S. Surrey (1970), ‘Tax Incentives as a Device for Implementing Government Policy: A Comparison with Direct Expenditures’ 18. Boris I. Bittker (1967), ‘A “Comprehensive Tax Base” as a Goal of Income Tax Reform’ 19. Anne L. Alstott (1995), ‘The Earned Income Tax Credit and the Limitations of Tax-Based Welfare Reform’ Name Index
£621.00
Edward Elgar Publishing Ltd Green Taxation in East Asia
Book SynopsisThe core concern of this book is the potential use of taxation and related measures to foster climate-helpful, large-scale change within East Asia. The contributing authors examine key cases such as how Greater China, for instance, confronts severe environmental problems which are a direct product of several decades of remarkable economic growth. The detailed analysis in this book identifies a range of green taxation guidelines for East Asia as it seeks to drive down striking levels of environmental degradation - and address the climate change challenge.Addressing an important need in the public policy debate, this book will appeal to academics, students, government policy makers, regulators and practitioners in environmental law, taxation law and policy, as well as, comparative environmental law and comparative taxation law and policy. Public policy commentators and journalists with an interest in the above areas will also find this book worthwhile and informative.Contributors include: A. Cockfield, M. Derlen, S. Griffiths, W. Gumley, J. Lindholm, J. Milne, S. Phua, N. Stoianoff, J. Vanderwolk, Y. XuTrade Review'The broad sweep of 'green taxation' - pollution, carbon, resource and land taxes, and tax incentives for environmental goals - makes it complex to analyse. Green Taxation in East Asia is a timely and valuable comparative contribution to an expanding literature. Its scholarly country studies show how green taxes aim to modify behaviour, correct externalities, regulate, or raise revenue. As environmental policy and tax policy move closer together, green taxes become feasible, but are always, as the editors say, ''shaped by local political, economic and social circumstances''.' - Miranda Stewart, University of Melbourne, Australia 'In today's world, environmental challenges grow apace and the impact of taxation measures on these will prove critical. Green Taxation in East Asia addresses those challenges. It draws on world-wide experiences (including those from North America and the EU) by analysing and critiquing how green taxation can inform, develop and implement environmental policies in East Asia (and beyond). This is not a sterile tax debate. The authors of this work, all leading scholars in their respective jurisdictions, combine economic, social and local political perspectives on what should work and what should not. The debate is too important to ignore in a world where Kyoto seems a long way from Washington, the fragrant harbour is no longer, and even in the lands down-under, long white clouds and pristine beaches are no longer taken for granted. Taxation is not a panacea for curing environmental ills; but it is, as this book admirably shows, part of the answer.' - Andrew Halkyard, University of Hong Kong 'The right of East Asia to grow its economy and provide its citizens with living standards enjoyed elsewhere is as undeniable as the risk to the global environment from this growth. A volume that contrasts current initiatives in China and Hong Kong to reduce that risk with lessons from international experience presented by leading international experts from four continents, is more than just timely; it can make a key contribution to the development of contemporary thinking on taxation and the environment. This work fits the bill perfectly.'- Rick Krever, Monash University, Australia 'The authors of the jurisdictional chapters in this book are, of necessity, more focussed on analyzing the interaction, today between taxation (and related fiscal measures) and the environment. From these studies it is clear that a great deal is amiss in the way this interface works at present across all the jurisdictions under review. But this research also shows positive steps being taken - and great scope for further, positive tax policy development. We can see from this research how smart policy innovation can start right now - and also how it can build better foundations for the introduction of more comprehensive, globally effective policy frameworks such as those advanced by Hansen and Sandor. Time is of the essence. The scholarship in this volume shows that lawyers and tax experts are engaged in finding solutions. Can green taxation make a difference? The answer is a resounding ''yes''.' --- From the foreword by Christine LohTable of ContentsContents: Preface Foreword Christine Loh 1. Conspectus Richard Cullen and Yan Xu 2. Environmental Taxation in China: The Case of Transport Fuel Taxation Yan Xu 3. Green Tax Measures for Hong Kong: A Policy Proposal Jefferson VanderWolk 4. Land Transportation in Singapore: Tax and Regulatory Policies to Promote Sustainable Development Stephen L.H. Phua 5. Environmental Taxation in the United States: Retrospective and Prospective Janet E. Milne 6. Optimal Climate Change Tax Policy for Small Open Economies Arthur J. Cockfield 7. Not Enough Room for Optimal Choices? The European Legal Framework for Green Taxes Mattias Derlén and Johan Lindholm 8. Behavior Modifying Taxes, Emissions Trading and Tax Expenditure Reform: Market-based Responses to Climate Change in Australia Wayne Gumley and Natalie Stoianoff 9. Green Taxation: The New Zealand Story Shelley Griffiths 10. Concluding Thoughts: A Greener Future? Jefferson VanderWolk Index
£111.00
Edward Elgar Publishing Ltd The Foundations of Public Finance
Book SynopsisThe Foundations of Public Finance presents the most important articles and papers tracing the development of public finance from the earliest tolls and customs duties levied on goods and land to more complex tax systems up to 1950.A signal contribution of this collection is that it allows the founding fathers to describe the development of different schools or doctrines in their own words. It is a fascinating story showing how economic analysis develops partly as a response to the need to gain a deeper insight into practical questions such as 'how progressive should a tax systems be?'.The volume is a companion to and complements Modern Public Finance edited by A.B. Atkinson (also in The International Library of Critical Writings in Economics series) which covers the recent developments in public finance from 1950.
£387.00
Spiramus Press VAT and Property: Guidance on the application of
Book SynopsisThis book offers clear and practical guidance on the application of VAT to property transactions providing assistance to individuals, property businesses and professionals. It covers guidance on VAT and property issues including: Introduction to VAT concepts: VAT terminology, Legislation, Definitions. Land Transactions Residential property: New build, Extension and refurbishment, Renovations and alterations, Conversions, Facilities for the disabled, Transactions between landlord and tenant, DIY house builders, Caravans and houseboats, Listed/protected buildings. Residential and charitable use buildings, Housing Associations, Cultural bodies Commercial property: Construction industry, the election to waive exemption, Supplies not affected, Making an election, Revoking an election, Input tax claims, Avoidance rules, Premiums, surrenders and inducements, Specialist services, Transfer of a business as a going concern Anti-avoidance legislation Guarantees, Partial exemption, Input tax recovery, the capital items scheme. Includes detailed HMRC guidance and forms on CD-ROM.Table of Contents1 Introduction1.1 Overview of the UK VAT rules for property transactions and the property sector1.2 Definitions2 The General VAT Rules as they apply to Property-Related Supplies2.1 Goods or services?2.2 Time of supply2.3 The value of the supply (the amount on which VAT is chargeable)2.4 Supplies spanning change of VAT rate or change in liability of a supply3 The VAT Liability of the Most Common Property-Related Supplies3.1 Exempt or taxable at the standard rate?3.2 Treatment of the most common supplies of land and buildings3.3 Supplies of and under leases3.4 Commonhold3.5 Joint ownership3.6 Beneficial interests4 VAT Reliefs for Supplies of Dwellings4.1 Meaning of 'dwelling'4.2 Case law on meaning of 'dwelling'4.3 Zero-rating for new dwellings – the details of the relief4.4 VAT reliefs for conversions into dwellings5 VAT Refund Schemes5.1 DIY builders scheme ‒ introduction5.2 Details of the DIY builder's refund scheme5.3 Amounts qualifying for refund5.4 The form of claims by DIY builders6 Buildings used for a Relevant Residential or Relevant Charitable Purpose6.1 Introduction6.2 Use solely for a relevant residential purpose6.3 Use solely for a relevant charitable purpose6.4 Certificates6.5 Claw-back on change of use7 Property Transactions Involving Housing Associations – the Special Rules7.1 Zero-rating of conversions7.2 Claw-back on change of use7.3 Disapplication of the option to tax8 Reliefs for Protected Buildings8.1 Introduction8.2 Zero-rating for substantially reconstructed protected buildings from 1 October 20129 Supplies of Commercial Property and the Option to Tax9.1 Introduction to the option to tax9.2 Overview of the main points about the option to tax9.3 The UK legislation relating to the option to tax9.4 Effect of the option to tax9.5 Scope of the option to tax9.6 Opting to tax – the two-stage process9.7 Day from which the option takes effect9.8 Duration of option to tax9.9 Revocation of the option to tax9.10..... Real estate elections9.11..... Cases where HMRC's permission is required before exercising the option9.12..... Exclusions from the effect of the option to tax9.13..... The option to tax and VAT groups9.14..... Option to tax: anti-avoidance provisions9.15..... Effect of the option to tax on input tax recovery9.16..... Timing of the exercise of the option to tax – some practical points10 Supplies in the Building Industry10.1..... Introduction10.2..... Table outlining reliefs10.3..... Zero-rating of the construction of certain buildings10.4..... Zero-rating of certain goods and services supplied to a disabled person10.5..... Reduced rate for qualifying conversions10.6..... Reduced rate for certain residential renovations and alterations10.7..... Relief for building materials etc.10.8..... Self-supply of construction, alteration and demolition services10.9..... Time of supply of building services10.10.... Self-billing and authenticated receipts10.11.... Summary of VAT liability of supplies of building services11 Partial Exemption and the Capital Goods Scheme11.1..... Effect of being partially exempt11.2..... Methods of apportionment11.3..... De minimis limits11.4..... Capital goods scheme12 Transfer of a Business as a Going Concern ('TOGC')12.1..... The legal framework for TOGC treatment12.2..... The general conditions for TOGC treatment12.3..... TOGCs: Some drafting points12.4..... General condition (1): business assets transferred as part of a going concern12.5..... General condition (2): assets to be used by the transferee in carrying on the same kind of business12.6..... General condition (3): transferee must be a 'taxable person' or, as a result of the TOGC, become a taxable person12.7..... General condition (4) Transfer of part of a business capable of separate operation12.8..... Additional conditions for certain property assets to be included in a TOGC12.9..... Property letting and TOGCs12.10.... TOGCs and transfers to nominees12.11.... TOGCs: summary of main VAT consequences13 Property Supplies relating to Caravans and Caravan Parks13.1..... Caravan park works13.2..... Caravan pitches13.3..... Caravan rentalHMRC Forms and GuidanceRevenue & Customs BriefsVAT FormsVAT Information SheetsVAT NoticesINDEXCD-ROM:HMRC forms and guidance
£67.50
Spiramus Press Insurance Premium Tax: A User's Guide
Book SynopsisInsurance Premium Tax is a guide for practitioners and those involved in the insurance industry. It summarises how the IPT is applied in practice, the definition of an insurance contract, looks at exemptions from the tax, the application of the higher rate and issues affecting non UK risks and global policies. It also explores compliance issues such as IPT registration, the submission of returns and payment of the tax, changes in rates and the penalty regime.Table of Contents INTRODUCTION 1.1. Sources of information WHAT IS INSURANCE PREMIUM TAX 2.1. Definition 2.2. Is IPT legal? 2.3. Insurance contracts and insurers 2.4. Taxable contracts 2.5. What is a premium? 2.6. Coinsurance, insurance pools and fronting 2.7. Warranties and guarantees 2.8. Discretionary trusts 2.9. Cost plus schemes 2.10. Self insurance 2.11. Voluntary excesses and deductibles HIGHER RATE IPT 3.1. Introduction 3.2. Motor cars and motor cycles 3.3. Domestic Appliances 3.4. Travel insurance 3.5. Higher rate insurance and free and discounted insurance TAXABLE INTERMEDIARIES 4.1. Liability to register and account for IPT 4.2. Criteria for a person having to register 4.3. Taxable intermediary provisions 4.4. Higher rate contracts 4.5. Registration limits LOCATION OF RISK 5.1. Introduction 5.2. Risk location rules 5.3. Habitual residence 5.4. Business establishment 5.5. Unregistered vehicles 5.6. Buildings 5.7. Embassies 5.8. Travel Insurance 5.9. Apportioning multi jurisdictional risks EXEMPTIONS 6.1. Introduction 6.2. De minimis 6.3. Exemptions 6.4. Non-UK risks 6.5. Reinsurance 6.6. Long-term insurance contracts 6.7. Commercial ships 6.8. Contracts relating to the Channel Tunnel 6.9. Lifeboats and Lifeboat equipment 6.10. Commercial aircraft 6.11. International railway rolling stock 6.12. Goods in foreign or international transit 6.13. Export finance related insurance 6.14. Motability contracts 6.15. Spacecraft REGISTRATION, DE-REGISTRATION AND TOGCS 7.1. Registration – Introduction 7.2. Deregistration 7.3. Transfer of a going concern ACCOUNTING FOR IPT 8.1. Introduction 8.2. IPT Accounting Schemes 8.3. Bad debt relief 8.4. Adjusting for errors on IPT returns 8.5. Changes in IPT rates 8.6. Anti-forestalling provisions 8.7. Lloyd's IPT procedures 8.8. Record keeping requirements 8.9. Recovering IPT paid in error PENALTIES 9.1. Introduction 9.2. Penalty for failure to notify 9.3. Late payment of tax or rendering of returns 9.4. Failure to notify a cessation of trade 9.5. Failure to produce records 9.6. Failure to appoint or nominate a tax representative 9.7. Breach a controlled goods agreement or Walking Possession Agreement in Northern Ireland 9.8. Liability of insured 9.9. Underdeclarations 9.10. Evasion of IPT 9.11. Interest 9.12. HMRC's stated approach to late rendering and payment penalties 9.13. Security 9.14. Reviews and appeals APPENDIX 1: HMRC PENALTIES FOR FAILURE TO NOTIFY (FACTSHEET CC/FS11) APPENDIX 2: HMRC PENALTIES FOR INACCURACIES IN RETURNS (FACTSHEET CC/FS7A) APPENDIX 3: ""CONNECTED"" PERSONS APPENDIX 4: FORMS APPENDIX 5: EUROPEAN INSURANCE PREMIUM TAX (IPT) COMPARISON TABLE APPENDIX 6: IPT ERROR FLOWCHART
£71.96
Spiramus Press UK Taxation - a simplified guide for students:
Book SynopsisUK Taxation for Students assumes absolutely no prior knowledge of UK taxation. It is completely self-contained covering the main areas of taxation studied at undergraduate level and initially for many professional exams. It can be used to support other texts and includes all the various allowances, tax rates etc. that a student may need at the front of the book. It is written in a user-friendly manner, avoiding "tax jargon" and using, wherever possible, plain and straightforward English. It includes numerous examples throughout the text designed to illustrate particular points and then provides further examples for you to try in Appendix 2. Appendix 3 includes over 100 True or False questions for you to dip into at any time to test your understanding. Appendix 1 I contains suggested some tips for studying tax. This book covers the main UK taxes; income tax (paid by individuals), capital gains tax (paid by individuals), corporation tax (paid by companies), value added tax (levied on consumers by businesses), inheritance tax (normally payable on the death of an individual) and National Insurance Contributions. Although primarily aimed at students studying at undergraduate level, these are the taxes that typically form the core of the syllabus for most of the UK's professional examinations in taxation such as those of the ACCA, AAT and possibly ATT, although no specific professional syllabus has been followed. In general, each of the chapters should be read through in the order that they are arranged as later chapters often assume knowledge from earlier chapters. Having said this, the Value Added Tax and Inheritance Tax chapters could be studied at any point, as a standalone as both are very different from the other taxes studied.
£28.50
Spiramus Press Leach's Tax Dictionary
Book SynopsisLooking for the meaning of a tax term?Leach's Tax Dictionary is a cornucopia of tax terms and data. It also explains all those abbreviations used in tax writing and reporting.Leach's Tax Dictionary contains over 1,000 pages of definitions, abbreviations explained and useful data - tax rates and other information which may be of use to a tax accountant/lawyer. 10,000 definitions. 3,000 abbreviations explained. 200 pages of tax, financial and historical data related to tax. Where applicable terms are explained with reference to relevant case law, statutes or guidance. This book provides a ready source of information to those who already have some understanding of tax, and for anyone working or studying in the tax field.Table of Contents Abbreviations used for definitions Tax law Section 1: Definitions Section 2: Abbreviations Section 3: Tax rates and other data
£76.50
Spiramus Press Insurance Premium Tax: A User's Guide
Book SynopsisInsurance Premium Tax is a guide for practitioners and those involved in the insurance industry. It summarises how the IPT is applied in practice, the definition of an insurance contract, looks at exemptions from the tax, the application of the higher rate and issues affecting non UK risks and global policies. It also explores compliance issues such as IPT registration, the submission of returns and payment of the tax, changes in rates and the penalty regime. The major change that has taken place since the first edition has been the UK leaving the European Union. The author explains why this does not impact greatly on IPT, though it makes the discussion on the legality of the tax otiose. In November 2020, HMRC announced a consultation on IPT. This looked at three main areas: unregistered insurers, some 'avoidance' structures involving administration fees and the administration of the tax. The author reports on the consultation and HMRC reaction to industry responses.
£58.50
Spiramus Press The Tax Schedule: A Guide to Warranties and
Book SynopsisThe Tax Schedule explains the underlying rationale of the key provisions of the tax schedule, and provides updated model long-form and short-form warranties and tax indemnities. The purpose of the book is to explain and simplify issues for tax advisors involved in transactions of buying and selling companies and business, enabling negotiations between tax advisors to keep sight of the commercial reality of the transaction (a sale by a willing seller to a willing buyer). The purpose of the tax schedule is to determine where responsibilities and risks will lie following the completion of the transaction, as well as to re-examine a number of so-called 'market practices'. The intended readership of the book is tax lawyers, tax accountants, corporate lawyers, corporate advisors and finance directors who are involved in the process of the sale of a company.
£90.00
Spiramus Press Taxation of Small Businesses: 2022/2023
Book SynopsisThe Taxation of Small Businesses 2022-23 is a practical guide to all aspects of direct taxation of small businesses in one volume. It is ideal for sole practitioners and small partnerships, but will be a handy reference guide for all tax advisers. The book aims to give a clear explanation of the relevant legislation and practical advice on ways of minimising clients' tax liabilities and warning against common pitfalls. The fifteenth edition has been updated to incorporate changes as a result of the Finance Act 2022. The tax advantages of incorporating a small business need weighing up carefully, and business owners need to decide whether or not the advantages outweigh the additional burden of compliance. Major topics covered by the book include: taxation of business profits; taxation of employment; corporation tax; national insurance; capital gains tax; inheritance tax; and pensions.Table of Contents Preface About the author Contents List of abbreviations Chapter 1. Income Tax Computation 1.1. Aggregation of Taxpayer's Income 1.2. Interest 1.3. Limit on Deductions from Adjusted Net Income 1.4. Payments to Charities 1.5. Personal Allowances Deducted from Net Income 1.6. Computation of Tax 1.7. Tax Reducers 1.8. Tax Retained on Interest, Royalties and Gift Aid donations 1.9. Comprehensive Example 1.10. Death and Separation 1.11. Married Couples – Joint Property 1.12. Minor Children 1.13. High Income Child Benefit Charge Chapter 2. Taxation of Trading Income 2.1. Introduction 2.2. Statutory Definitions of Trading 2.3. Statutory Trades 2.4. Case Law 2.5. Gambling and Speculation 2.6. Illegal Activities 2.7. Individuals Trading in Shares 2.8. Definition of Trading – National Insurance 2.9. Mutual Trading 2.10. Election to Use Cash Basis 2.11. Capital and Revenue Receipts 2.12. Receipts not Received in Course of Trade 2.13. Other Receipts 2.14. Capital and Revenue Payments 2.15. Expenditure Incurred in the Course of a Trade 2.16. Duality of Purpose 2.17. Repairs and Maintenance 2.18. Replacement of Assets 2.19. Depreciation and Amortisation 2.20. Subscriptions and Donations 2.21. Sponsorship 2.22. Bad Debts 2.23. Provisions 2.24. Payments to Employees & Appropriations of Profit 2.25. Entertainment 2.26. Gifts to Customers and Samples 2.27. Gifts to Educational Establishments and Charities 2.28. Cost of Leasing Cars 2.29. Legal and Professional Fees 2.30. Fines and Payments Against the Public Interest 2.31. Interest and Bank Charges 2.32. Pre-trading Expenditure 2.33. Indirect Taxation 2.34. Compensation andex gratiaPayments to Former Employees 2.35. Redundancy Payments 2.36. Removal Expenses to New Business Premises 2.37. Premiums for Insurance 2.38. Payments to Employees for Restrictive Undertakings 2.39. Staff Training and Development 2.40. Counselling Courses in Connection with Termination of Employment 2.41. Payments to Secure Release from Unprofitable Contracts 2.42. Payments to Political Parties 2.43. Preservation of Goodwill 2.44. Payments on the Cessation of Trade 2.45. Post-cessation Expenditure 2.46. Rent 2.47. Lease Premium 2.48. Patents and Intellectual Property 2.49. Telephone 2.50. Business Rates and Council Tax 2.51. Security Expenditure 2.52. Loan Guarantee Payments 2.53. Use of Home 2.54. Website Expenditure 2.55. Expenses Connected with Foreign Trades 2.56. Valuation of Stock 2.57. Overseas Aspects of Trading Chapter 3. Capital Allowances on Plant and Machinery 3.1. Introduction 3.2. Definition of Plant and Machinery 3.3. Assets Deemed to be Plant and Machinery 3.4. Definition of Expenditure 3.5. Date of Expenditure 3.6. Disposal of Assets 3.7. Allowances 3.8. Calculation of Capital Allowances 3.9. Short-life Assets 3.10. Cessations and Successions 3.11. Hire Purchase and Leasing 3.12. Fixtures 3.13. Disposal of Fixtures 3.14. Anti-avoidance Chapter 4. Other Allowances 4.1. Business Premises Renovation Allowance 4.2. Patents 4.3. Know-how Chapter 5. Basis Periods 5.1. Current Year Basis (CYB) 5.2. Opening Year Rules 5.3. Closing Year Rules 5.4. Tax Planning on Commencement 5.5. Tax Planning on Cessation 5.6. Change of Accounting Date 5.7. Period Less than 12 Months 5.8. Period More Than 12 Months 5.9. Two Accounting Dates in Tax Year 5.10. No Accounting Date in Tax Year 5.11. Transitional Overlap Relief 5.12. Changes in Size and Nature of Operations 5.13. Death of Trader 5.14. Mergers and Demergers 5.15. Date of Commencement and Cessation 5.16. Successions 5.17. Trader Becoming, or Ceasing to be, UK Resident Chapter 6. Trading Losses 6.1. Introduction 6.2. Offset Against Future Trading Income 6.3. Transfer of Business to a Company 6.4. Offset Against Total Income and Carry-back 6.5. Offset Against Capital Gains 6.6. Losses in the Early Years of Trading 6.7. Terminal Loss Relief 6.8. Tax Planning and Loss Relief 6.9. Restriction of Loss Relief 6.10. Late Claims Chapter 7. Property Income 7.1. Introduction 7.2. Basis of Assessment 7.3. Dilapidations 7.4. Lease Premiums 7.5. Sale with Right of Conveyance 7.6. Expenditure Deductible 7.7. Sea Walls 7.8. Mutual Business 7.9. Relief for Capital Expenditure 7.10. Losses 7.11. Furnished Holiday Lettings 7.12. Rent a Room Scheme Chapter 8. Employment and Self-employment 8.1. Introduction 8.2. Benefits of Self-employment 8.3. Definition of Employment and Self-employment 8.4. Tests for Employment 8.5. Workers Supplied by Agencies 8.6. Non-executive Directors 8.7. Self-employment or a Number of Separate Employments 8.8. Provision of Services Through an Intermediary – Income Tax 8.9. Managed Service Companies 8.10. National Insurance – Deemed Employment 8.11. National Insurance – Deemed Self-employment 8.12. National Insurance – Persons Deemed not to be Employed Chapter 9. Employment Income 9.1. Income Tax – Introduction, Charging Legislation and General Definitions 9.2. National Insurance Contributions – Charging Legislation and General Definitions 9.3. Income Tax and National Insurance – a Comparison 9.4. Time of Receipt 9.5. Cash Payments to Employees 9.6. Payments Arising by Reason of Employment 9.7. Payments on Termination of Employment or Variation of Employment Terms 9.8. Damages and Compensation Paid to Employee 9.9. Sick Pay and Sickness and Other Benefits 9.10. Commission, Cashbacks and Discounts 9.11. Tax-free Lump Sum Payments 9.12. Payment of Expenses to Third Parties on Behalf of Employee 9.13. Payments for Clothing 9.14. Directorships Held by Partners 9.15. Payment of Employee's Tax by Employer 9.16. Income Tax – Deduction of Expenses 9.17. Reimbursement of Expenses 9.18. Qualifying Travel Expenses 9.19. Entertainment 9.20. Expenses Incurred by Homeworkers 9.21. Other Deductible Expenses 9.22. Payments and Benefits Exempt from Income Tax and Class 1 National Insurance Contributions Chapter 10. Benefits in Kind 10.1. Valuation of Benefits in Kind 10.2. Benefits – Definition of Cost 10.3. Lower-paid Employment 10.4. Benefits in Kind and National Insurance Contributions 10.5. Payment of Expenses by Employer 10.6. Gift of Assets to Employees 10.7. Cash Vouchers, Non-cash Vouchers and Credit Tokens 10.8. Payment Made to a Registered Pensions Scheme for the Benefit of Two or More People 10.9. Waiver of Loan 10.10. Job-related Accommodation 10.11. Assets Available for Private Use 10.12. Expenses Connected with Living Accommodation 10.13. Cars 10.14. Fuel for Private Use 10.15. Pool Cars and Vans 10.16. Vans and Heavier Commercial Vehicles 10.17. Emergency Vehicles 10.18. Beneficial Loans 10.19. Scholarships 10.20. Relocation Packages and Guaranteed Selling Price Schemes 10.21. Medical Treatment and Medical Insurance Chapter 11. National Insurance Contributions National Insurance Contributions and Employees 11.1. Earnings Period 11.2. Aggregation of Earnings 11.3. Rate of Class 1 National Insurance Contributions 11.4. Class 1A Contributions 11.5. Calculation of Contributions 11.6. Class 1A Charge Where Benefits Provided by Third Parties 11.7. Earners over Pensionable Age 11.8. Notional Payments of Class 1 Contributions 11.9. Annual Maximum Contributions National Insurance Contributions and the Self-Employed 11.10. Class 2 Contributions 11.11. Class 4 Contributions Chapter 12. Pensions 12.1. Introduction 12.2. Scope of Regime 12.3. Registration of Pension Schemes 12.4. Payments by Registered Pension Schemes 12.5. Pension Payments 12.6. Contributions 12.7. Purchase of Shares in Sponsoring Employer 12.8. Loans to Employers 12.9. Unauthorised Payments Charge Chapter 13. Capital Gains Tax 13.1. Scope of Capital Gains Tax (CGT) 13.2. Exemptions 13.3. Residence 13.4. Capital Losses 13.5. Offset of Trading and Other Losses against Capital Gains 13.6. Capital Gains Tax Rate 13.7. Disposal Consideration 13.8. Date of Disposal 13.9. Allowable Costs 13.10. Indexation Allowance 13.11. Taper Relief 13.12. Assets Owned at 31 March 1982 13.13. Married Couples and Civil Partners 13.14. Disposal to Connected Parties 13.15. Valuation of Assets 13.16. Negligible Value Claim 13.17. Value Shifting 13.18. Disposal by Way of Security 13.19. Hire Purchase Transactions 13.20. Appropriations to and from Trading Stock 13.21. Series of Transactions 13.22. Options 13.23. Debts 13.24. Compensation 13.25. Asset Derived from another Asset 13.26. Location of Assets 13.27. Chattels and Wasting Assets 13.28. Part Disposals 13.29. Leases 13.30. Loss or Destruction of Asset 13.31. Restoration of Assets 13.32. Replacement of Business Assets 13.33. Gift Relief 13.34. Transfer of Assets to a Limited Company 13.35. Entrepreneurs' Relief 13.36. Losses on Loans to Traders 13.37. Loan Guarantees Chapter 14. Corporation Tax 14.1. Scope of Corporation Tax 14.2. Trading income 14.3. Loan relationships 14.4. Intangible Fixed Assets 14.5. Derivative Contracts 14.6. Property income 14.7. Chargeable gains 14.8. Indexation Allowance 14.9. Indexation and Losses 14.10. Assets Owned at 31 March 1982 14.11. Assets Owned at 6 April 1965 14.12. Rollover Relief 14.13. Dividends Received 14.14. Payments to Charities 14.15. Distributions 14.16. Chargeable Accounting Periods 14.17. Computation of Tax Liability 14.18. Corporation Tax – Interaction with Income Tax 14.19. Losses and Corporation Tax 14.20. Groups and Consortia 14.21. Close Companies 14.22. Companies with Investment Business 14.23. Close Investment-holding Companies 14.24. Demergers 14.25. Purchase of Own Shares Chapter 15. Incorporation, Disincorporation and Choice of Business Medium 15.1. Introduction 15.2. Incorporation 15.3. Disincorporation 15.4. Disincorporation Relief 15.5. Choice of Business Medium 15.6. Comparison of Tax Treatment of Companies and Sole Traders 15.7. Salary vs Dividends Chapter 16. Special Classes of Taxpayers 16.1. Construction Industry Scheme 16.2. Farmers and Market Gardeners 16.3. Authors, Artists and Composers 16.4. Actors, Musicians and Entertainers 16.5. Entertainers – Other Workers 16.6. Builders 16.7. Care Providers 16.8. Barristers 16.9. Bookmakers 16.10. Breweries and Licensed Premises 16.11. Doctors and Dentists 16.12. Motor Dealers – Valuation of Used Vehicle Stocks 16.13. Fishermen 16.14. Franchising 16.15. Solicitors 16.16. Sub-postmasters 16.17. Video and DVD Traders 16.18. Clubs, Societies and other Mutual Organisations 16.19. Charities 16.20. Credit Unions 16.21. Friendly Societies 16.22. Housing Associations 16.23. Self-build Societies Chapter 17. Partnerships 17.1. Definitions 17.2. Limited Partnerships 17.3. Limited Liability Partnerships 17.4. Allocation of Profits 17.5. Assessment of Partnerships 17.6. Other Income of Partnership 17.7. Non-trading Partnerships 17.8. Post-cessation Receipts 17.9. Losses 17.10. Notional Losses 17.11. Mergers and Amalgamations 17.12. Restriction on Loss Relief for Limited and Non-Active Partners 17.13. Partnership Property Income 17.14. Corporate Partners 17.15. Partnerships and Capital Gains Tax 17.16. Roll-over and Gift Relief - LLPs Index
£33.25
Spiramus Press UK Taxation: a simplified guide for students:
Book SynopsisUK Taxation for Students assumes absolutely no prior knowledge of UK taxation. It is completely self-contained covering the main areas of taxation studied at undergraduate level and initially for many professional exams. It can be used to support other texts and includes all the various allowances, tax rates etc. that a student may need at the front of the book. It is written in a user-friendly manner, avoiding "tax jargon" and using, wherever possible, plain and straightforward English. It includes numerous examples throughout the text designed to illustrate particular points and then provides further examples for you to try in Appendix 2. Appendix 3 includes over 100 True or False questions for you to dip into at any time to test your understanding. Appendix 1 I contains suggested some tips for studying tax. This book covers the main UK taxes; income tax (paid by individuals), capital gains tax (paid by individuals), corporation tax (paid by companies), value added tax (levied on consumers by businesses), inheritance tax (normally payable on the death of an individual) and National Insurance Contributions. Although primarily aimed at students studying at undergraduate level, these are the taxes that typically form the core of the syllabus for most of the UK's professional examinations in taxation such as those of the ACCA, AAT and possibly ATT, although no specific professional syllabus has been followed. In general, each of the chapters should be read through in the order that they are arranged as later chapters often assume knowledge from earlier chapters. Having said this, the Value Added Tax and Inheritance Tax chapters could be studied at any point, as a standalone as both are very different from the other taxes studied.
£33.25
Spiramus Press Implied Trusts and Beneficial Ownership in Modern
Book SynopsisImplied Trusts and Beneficial Ownership in Modern UK Tax Law takes a look at that gap which lies between books on tax and those on trust law, and tries to bridge the two. How and why is beneficial ownership important in UK tax? How does HM Revenue & Customs and the law recognise the imposition of beneficial ownership for tax purposes via an implied trust? and when will UK tax law impose beneficial ownership on a different taxpayer from the legal owner of an asset or income source? As well as tracing the story behind Britain's ancient tax laws and courts, relevant legislation, cases and HM Revenue & Customs' guidance are all reviewed to paint a picture of how equity and implied trusts fit within today's tax laws. With the introduction of the 4th and 5th Anti-Money Laundering Directives, it is more important than ever to identify where beneficial ownership lies. This book is ideal for academics and practitioners alike, looking at the history of equity law and the chancery court through a prism of taxation; as well as the practical application of beneficial ownership when considering a client's tax position. Those practitioners specialising in trusts should find this book an interesting and useful aid to supplement their knowledge of implied trusts and the relationship between the more-usual express trusts. Whether you are new to the tax profession, or a seasoned professional, there will be something here for everyone.Table of Contents About the author List of abbreviations Table of authorities Introduction 1 What is beneficial ownership? 2 What is an implied trust? 2.1 Resulting trusts 2.2 Constructive trusts 3 What is modern tax law? 3.1 Tax Tribunals – The Judiciary 3.2 Legislation – Parliament 3.3 HMRC – The Executive 4 How does the law distinguish between implied trusts and express trusts? 4.1 Express trusts 4.2 Implied trusts 4.3 Partnerships 5 When did beneficial ownership become the focus of income tax legislation? 6 What is the settlements legislation? And how does it fit in with implied trusts and income tax law? 6.1 Why was it necessary to introduce the settlements legislation? 6.2 Settlor or their children retains an interest 6.3 Issues with a spouse 7 How did equity and beneficial ownership find their way into the courts in the first place? And how did this affect tax? 7.1 Court of Exchequer 7.2 Modern High Court 8 How are equity and beneficial ownership represented in today's laws? 8.1 Income tax 8.2 What about capital taxes? 8.3 Examples of 'pure equity' besides trusts 9 Conclusion Bibliography Books Articles Index
£38.00
Spiramus Press The Tax Schedule: A Guide to Warranties and
Book SynopsisThe Tax Schedule explains the underlying rationale of the key provisions of the tax schedule, and provides updated model long-form and short-form warranties and tax indemnities. The purpose of the book is to explain and simplify issues for tax advisors involved in transactions of buying and selling companies and business, enabling negotiations between tax advisors to keep sight of the commercial reality of the transaction (a sale by a willing seller to a willing buyer). The purpose of the tax schedule is to determine where responsibilities and risks will lie following the completion of the transaction, as well as to re-examine a number of so-called 'market practices'. The intended readership of the book is tax lawyers, tax accountants, corporate lawyers, corporate advisors and finance directors who are involved in the process of the sale of a company. Since the last edition, the UK has left the European Union (with little implications so far for tax schedules) and there have been two cases relating to the tax deed, relating tax warranties (Nobahar-Cookson & ors v The Hut Group Ltd [2016] EWCA Civ 128 and Tesco UK Limited v Aircom Jersey 4 Limited and Aircom Global Operations Limited) and decided by the court of appeal, no less.Table of ContentsPreface to the fourth editionPreface to the first editionAcknowledgementsOnline resourcesTable of authoritiesGlossary1 THE TRANSACTIONAL PROCESS1.1 Background issues1.2 Pre-completion clearances1.3 Post-completion clearances1.4 Transactions and clearances with EU dimension1.5 Employee share scheme matters1.6 Buyer's issues1.7 Seller's issues1.8 Negotiating the tax schedule1.9 Completion issues1.10 Post-completion matters2 DUE DILIGENCE2.1 Overview2.2 The buyer's tax due diligence report2.3 The seller's tax due diligence report2.4 The disclosure process2.5 Measuring the risk2.6 Due diligence in the purchase of a business2.7 Tax due diligence in the purchase of a company3 WARRANTIES3.1 Overview3.2 Warranties in due diligence3.3 Disclosures against tax warranties62F3.4 Accounts, tax computations and payments3.5 Administration and tax compliance3.6 Advance corporation tax (ACT)3.7 Anti-avoidance3.8 Associated companies3.9 Capital allowances3.10 Chargeable gains3.11 Clearances3.12 Close companies3.13 The construction industry scheme (CIS)3.14 Controlled foreign companies (CFC)3.15 Corporation tax3.16 Deferred tax3.17 Demergers and exempt distributions3.18 Disclosure of tax avoidance schemes (DOTAS)106F3.19 Distributions and dividends3.20 Dormant companies3.21 Employment-related tax issues3.22 Group issues3.23 Inheritance tax3.24 Insolvency issues3.25 Intellectual property3.26 Land and property issues3.27 Loan relationships3.28 National insurance contributions (NICs)3.29 PAYE3.30 Penalties regime3.31 Research and development (R&D)3.32 Residency issues3.33 Secondary tax liabilities3.34 Self-assessment3.35 Stamp taxes3.36 Transfer pricing and non-arm's length transactions3.37 Value added tax and Customs & Excise3.38 Value shifting205F and depreciatory transactions206F4 SALE AND PURCHASE OF A COMPANY4.1 Background issues4.2 Issues for the buyer4.3 Taxation issues for the seller4.4 Dealing with target's pre-completion debts4.5 Accounts and completion accounts4.6 Structuring the consideration5 SALE AND PURCHASE OF A BUSINESS5.1 General overview5.2 Commercial considerations5.3 Due diligence5.4 Tax issues5.5 VAT and transfers as a going concern (TOGC)6 SPECIAL SITUATIONS6.1 Insolvencies and administrations6.2 The locked box mechanism6.3 Public listings and offerings6.4 Partnerships7 SHARE SCHEME ISSUES7.1 Overview7.2 Corporation tax relief – an important negotiating issue7.3 Tax issues arising in respect of share incentive schemes7.4 Roll-over options7.5 Takeover code issues7.6 Administrative and reporting requirements for HMRC-approved schemes7.7 Partly paid shares7.8 Disguised remuneration rules7.9 Employee shareholders and ESS8 VENTURE CAPITAL SCHEMES8.1 The Enterprise investment scheme8.2 Seed enterprise investment scheme8.3 Venture capital trusts8.4 Social investment tax relief8.5 Corporate venturing scheme (CVS)9 GROUP ISSUES9.1 Chargeable gains groups9.2 Corporation tax groups9.3 Group payment arrangements9.4 Intangible assets9.5 Loan relationships9.6 Stamp duty9.7 Stamp duty land tax (SDLT)9.8 Substantial shareholdings9.9 VAT groups10 THE TAX SCHEDULE IN THE SALE AND PURCHASE OF A COMPANY10.1 Background issues10.2 Drafting principles10.3 Short form or long form tax schedule?10.4 Tax liabilities10.5 An accounts deal10.6 A completion accounts deal10.7 The seller's indemnity10.8 Limitations10.9 De minimis and maximum caps10.10 Third party recovery10.11 Overprovisions10.12 Reliefs and savings10.13 Mitigation and/or shared pre-completion tax reliefs10.14 Buyer's indemnity10.15 Conduct provisions10.16 Gross-up and withholdings10.17 Zim PropertiesAPPENDIX 1. LONG FORM TAX SCHEDULEAPPENDIX 2. SHORT FORM TAX SCHEDULEAPPENDIX 3. LONG FORM TAX WARRANTIES FOR THE SALE OF A COMPANYAPPENDIX 4. TAX WARRANTIES FOR THE SALE OF A BUSINESSAPPENDIX 5. HMRC INFORMATION & INSPECTION POWERSAPPENDIX 6. TIME LIMITS FOR ASSESSMENTS & CLAIMS AND RELATED MATTERSAPPENDIX 7. HMRC CLEARANCESAPPENDIX 8. OVERVIEW OF HMRC APPROVED EMPLOYEE INCENTIVE SCHEMES8.1. Approved Share Incentive Plans ("SIPs")8.2. Schedule 4 Company Share Option Plans ("CSOPs")8.3. Enterprise Management Incentives (EMIs)8.4. Schedule 3 SAYE Option SchemesAPPENDIX 9. EIS OVERVIEW CHECKLISTAPPENDIX 10. SEIS OVERVIEW CHECKLISTAPPENDIX 11. VCT CHECKLISTAPPENDIX 12. PENALTIES AND ERRORSAPPENDIX 13. DOTAS LEGISLATIONAPPENDIX 14. COMPANIES ACT 2006 – PART 28, CHAPTER 3APPENDIX 15. THE TAKEOVER CODE RULE 15INDEX
£61.75
Spiramus Press On the Principles of Gibraltar Taxation
Book SynopsisA series of chapters, each of which describes and discusses a single principle which can be discerned in the design and operation of the Gibraltar taxation system.
£67.50
Spiramus Press UK Taxation a Simplified Taxation Guide for Students 202526
£37.95
MP-SPM Spiramus Press Domicile As Residence
£89.96
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Fairness Opinion: Anspruch – Fähigkeit –
Book SynopsisMario Zimmermann präsentiert einen Meilenstein in der Forschung über ein meist transaktionsbegleitend eingesetztes Bewertungsgutachten: die „Fairness Opinion“. Dessen durch die Praxis formulierten vielschichtigen Funktionen werden von ihm übersichtlich und trennscharf dargestellt. Im Anschluss analysiert er diese Funktionen theoretisch fundiert mittels einer innovativen Methodik und leitet konkrete Handlungs- und Gestaltungsempfehlungen für Standardsetzer, beauftragende Verwaltungsorgane, Aktionäre, Wirtschaftsprüfer und Richter ab. Eine „Fairness Opinion“ wird häufig von Vorständen oder Aufsichtsräten beauftragt, um sich bei Unternehmenstransaktionen nicht dem Vorwurf auszusetzen, der Kauf-/Verkaufspreis sei nicht angemessen gewesen. Trotz der beobachtbaren hohen Popularität dieses vermeintlichen Bewertungsgutachtens mangelte es diesem aber bisher an wissenschaftlicher Aufarbeitung. Table of ContentsProblemstellung und Gang der Untersuchung.- Statusbestimmung.- Funktionsanalyse.- Zusammenfassung.
£44.99
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Kassenbuchführung: Allgemeine Grundlagen und
Book SynopsisKarin Nickenig befasst sich in diesem essential in aller Kürze mit den aktuell bestehenden Regelungen zur Kassenbuchführung und den geplanten Änderungen ab dem Jahr 2017 durch das Gesetz zum Schutz vor Manipulationen an digitalen Grundaufzeichnungen („Kassengesetz“). Mit Hilfe dieses essentials erhält der Praktiker einen Überblick über die stets fortschreitende Komplexität der Regelungen zur Kassenbuchführung.Trade Review“… gelingt es bei allen Themen immer wieder, schwierige Sachverhalte mit einfachen Worten zu erklären. … Ein Mehrwert bringt es sowohl Einsteigern als auch Fortgeschrittenen.” (OZ Onlinezeitung, onlinezeitung.co, 12. September 2017)Table of ContentsDie Kassenbuchführung als wesentlicher Bestandteil des externen Rechnungswesens.- Betroffener Personenkreis.- Gesetzliche Vorschriften zur Aufzeichnung steuerlich relevanter Geschäftsvorfälle.- Unterschiedliche Kassenarten.- Gründe für eine Verschärfung der Regelungen zur Kassenbuchführung.- Gesetzesentwurf vom 13.07.2016: „Gesetz zum Schutz vor Manipulationen an digitalen Grundaufzeichnungen“.
£11.77
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Deutsches und europäisches Bank- und
Book SynopsisAuf die Bedürfnisse der Praxis ausgerichtet, erläutert das Werk unter Aufarbeitung der neuesten Rechtsentwicklungen systematisch das gesamte Bankrecht in Deutschland. Die Neuauflage wurde um weitere Beiträge ergänzt. Zudem werden die europäische Rechtsentwicklung und das Bankrecht der Staaten Europas in Länderberichten dargestellt. Auch Einrichtungen und Erscheinungen sowie Gebiete des Rechts, deren Bedeutung im Zuge der Finanzkrise in den letzten Jahren mehr hervorgetreten ist - zum Beispiel Rating oder Scoring oder auch Datenschutz und Bankgeheimnis -, werden verstärkt behandelt. Renommierte Autoren aus der Wissenschaft, häufig als Richter, Schiedsrichter oder Berater tätig und wissenschaftlich ausgewiesene Praktiker aus Justiz und Anwaltschaft gewährleisten eine ausgewogene Rechtsinterpretation und garantieren eine zuverlässige und aktuelle Aufbereitung der jeweiligen Teilgebiete in komprimierter Form, um dem Leser eine praxisnahe und kompetente Einarbeitung in kurzer Zeit zu ermöglichen.Band 2 umfasst die Kapitalmarkt- und Auslandsgeschäfte, den Rechtsschutz sowie das Europäische Bankrecht inklusive Länderberichte.Table of ContentsTeil IV Kapitalmarkt und Auslandsgeschäfte.- Teil V Rechtsschutz und alternative Streitbeilegung.- Teil VI Öffentliches Bankrecht und Bankarbeitsrecht.- Teil VII Haftung und strafrechtliche Sanktionen.- Teil VIIIEuropäisches Bankrecht.- Teil IX Länderberichte.
£179.99
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Deutsches und europäisches Bank- und
Book SynopsisAuf die Bedürfnisse der Praxis ausgerichtet, erläutert das Werk unter Aufarbeitung der neuesten Rechtsentwicklungen systematisch das gesamte Bankrecht in Deutschland. Die Neuauflage wurde um weitere Beiträge ergänzt. Zudem werden die europäische Rechtsentwicklung und das Bankrecht der Staaten Europas in Länderberichten dargestellt. Auch Einrichtungen und Erscheinungen sowie Gebiete des Rechts, deren Bedeutung im Zuge der Finanzkrise in den letzten Jahren mehr hervorgetreten ist - zum Beispiel Rating oder Scoring oder auch Datenschutz und Bankgeheimnis -, werden verstärkt behandelt. Renommierte Autoren aus der Wissenschaft, häufig als Richter, Schiedsrichter oder Berater tätig und wissenschaftlich ausgewiesene Praktiker aus Justiz und Anwaltschaft gewährleisten eine ausgewogene Rechtsinterpretation und garantieren eine zuverlässige und aktuelle Aufbereitung der jeweiligen Teilgebiete in komprimierter Form, um dem Leser eine praxisnahe und kompetente Einarbeitung in kurzer Zeit zu ermöglichen.Band 1 beschäftigt sich mit den bankvertraglichen Grundlagen, den Krediten und Kreditsicherheiten sowie mit Konto und Zahlungsverkehr.Trade Review“... Das Buch ist aktuell und mit seinem ergänzenden Schwerpunkt auf europäischem Bankrecht und Länderberichten für den (insbesondere international ausgerichteten) Wissenschaftler und Praktiker geeignet. ... ist das Buch eine Abrundung jeder bankrechtlichen Bibliothek.” (Dr. Roman Jordans, in: Die Rezensenten, dierezensenten.blogspot.de, 13. Mai 2017)Table of ContentsTeil I Bankvertragliche Grundlagen.- Teil II Kredit und Kreditsicherheiten.- Teil III Konto und Zahlungsverkehr.
£179.99
Springer Transfer Pricing and Valuation in Corporate Taxation: Federal Legislation vs. Administrative Practice
Book SynopsisTransfer Pricing and Valuation in Corporate Taxation analyzes the disparities between both federal statutes and regulations, and r- ulations and administrative practice, in a highly controversial area of corporate tax policy: intra-company transfer pricing for tax p- poses. It addresses issues that often mean millions of dollars to in- vidual corporations, and a significant fraction of the federal gove- ment’s revenue base. These disparities between law, regulations, and administrative practice are concerning on a number of grounds. First, they - pose considerable economic costs by inducing corporations to engage in a variety of “rent-seeking” activities designed to reduce their - pected tax liabilities, and by requiring the IRS to devote still more to enforcement efforts that are very often futile. Second, they are in- ; herently undemocratic. Administrative practice is currently ad hoc by relying on dispute resolution procedures that can and do yield very different settlements on disputed tax issues from one case to another, the IRS often ends up treating similarly situated cor- rations very differently. Moreover, to the extent that the disp- ity between statute and implementation reflects the IRS’s failure to carry out Congress’ will, the laws passed by duly elected officials are effectively being superseded by administrative procedure, developed incrementally by individuals who are not answerable to an electorate.Table of ContentsPreface. I: Legislation and Regulations. 1. Introduction. 2. Transfer Pricing and Valuation Regulations. II: Transfer Pricing and Valuation Regulations in Practice. 3. The Cost-Plus Method. 4. The Resale Price Method. 5. Cost-Sharing Agreements. 6. Intra-Company Royalty Agreements. 7. Valuation of Intangible Assets: Section 338. 8. Conclusions and Policy Recommendations. Index.
£116.99
Taylor & Francis Ltd The Uneven Offshore World
a huge range and FREE tracked UK delivery on ALL orders.
£39.99
Taylor & Francis Taxation
a huge range and FREE tracked UK delivery on ALL orders.
£137.75